EffiHealth® Terms of Use
Effective: December 1, 2016
THIS WEBSITE (“SITE”) IS OPERATED BY EffiHealth®. PLEASE READ THESE TERMS OF USE AGREEMENT (“TOU”) CAREFULLY BEFORE USING THIS SITE. THESE TOU DESCRIBE YOUR LEGAL RIGHTS AND RESPONSIBILITIES, AND BY ACCESSING OR USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TOU. THESE TOU FORM A LEGAL AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF THE SITE ALONG WITH THE RELATED SERVICES FEATURES CONTENT AND OFFERS PROVIDED ON THE SITE. THESE TOU ALSO INCLUDE A MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER.
IF YOU DO NOT AGREE WITH THE ENTIRETY OF THESE TOU, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR USE THIS SITE AND/OR THE SERVICES AND FEATURES, AND YOU ARE HEREBY INSTRUCTED TO EXIT THIS SITE IMMEDIATELY.
Your use of this Website, purchase or use of any of EffiHealth’s products constitutes your agreement to these TOU.
EffiHealth reserves the right, in its sole discretion, to make changes to our Site, these TOU, the policies and conditions that govern the use of our Site and an individual’s access to this Site at any time, or to terminate this Site without notice. It is recommended that you periodically read these TOU for any updates or changes. Your continued access or use of our Site shall be deemed your acceptance of these changes.
License Grant
This Website is provided by EffiHealth, and these TOU provide to you (“you” or “user”) a personal, revocable, limited, non-exclusive, royalty-free, non-sublicenseable, and non-transferable license to use this Site conditioned on your continued compliance with these TOU.
You may download and print materials and information from the Site solely for your personal use, provided that you do not remove from any such hard copies any copyright and/or other applicable intellectual property notices. Notwithstanding the foregoing license grant, you hereby acknowledge and agree that (i) the content layout, formatting, and features of and access privileges for the Site shall be determined by EffiHealth in its sole and absolute discretion; (ii) EffiHealth has the right to control and direct the means, manner, and method by which the Site is provided; (iii) EffiHealth may, from time to time, engage independent contractors, consultants, or subcontractors to aid EffiHealth in providing the Site or use thereof; and (iv) EffiHealth has the right to provide the Site to others. In addition, you hereby acknowledge and agree that this TOU provides you with only a limited license to access and use the Site. Accordingly, you hereby acknowledge and agree that EffiHealth transfers no ownership or intellectual property interest or title in and to the Site to you or anyone else under this TOU. EffiHealth hereby reserves any and all intellectual property rights not otherwise expressly granted in this TOU.
License Restrictions
The foregoing license is limited. You therefore may not (1) use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit the Site (or any part thereof) in any manner not expressly permitted by these TOU, (2) reverse engineer, decompile, disassemble, translate, or create any derivative work of the Site (or any part thereof); (3) access, link to, or use any source code from the Site (or any part thereof); or (4) erase or remove any proprietary or intellectual property notice contained in or on the Site (or any part thereof). In addition, you acknowledge and agree that exceeding the scope of the license herein shall be a material breach of this Agreement and subject to the termination provisions set forth herein.
Restrictions on Use of Materials
These TOU provide only a limited license to access and use the Site. Accordingly, you expressly acknowledge and agree that EffiHealth transfers no ownership or intellectual property interest or title in and to this Site to you or anyone else. All materials, including without limitation, graphics, images, HTML, codes, multimedia clips, Java codes, logos, button icons, banners and software contained in this Site are the copyrighted property of EffiHealth, or its affiliated companies and/or third party licensors. All trademarks, service marks, and trade names shown on this Site are proprietary to EffiHealth, or its affiliates and/or third party licensors. Unauthorized use of the materials on this Site will violate intellectual property rights. All rights not expressly granted in these TOU are reserved to EffiHealth or its affiliated companies and/or third party licensors, whichever is the owner of any specific material. As such, no material from this Site may be modified, translated, decompiled, disassembled, broadcast, licensed, sublicensed, transferred, sold, mirrored, framed, exploited, rented, leased, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Nothing contained in this Site should be construed as granting any license or right to use any trademark, logo, trade name, or design displayed on this Site without the written permission of EffiHealth, or the respective owner of the trademark. The use of any such material on any other website or computer environment is prohibited. Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of this Site, or in any way reproduce or circumvent the navigational structure or presentation of this Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to any portion or feature of this Site, including, without limitation, the account of another user(s), or any other systems or networks connected to this Site or to any EffiHealth server or to any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of this Site or any network connected to the Site, nor breach the security or authentication measures on this Site or any network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Site or EffiHealth’s systems or networks or any systems or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of this Site or any transaction conducted on the Site, or with any other person’s use of the Site, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to EffiHealth on or through the Site, (viii) use the Site or any interactive feature to harvest or collect e-mail addresses or other contact information; or (ix) use this Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact EffiHealth. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION, OR MATERIALS PROVIDED BY EffiHealth TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
EffiHealth cannot and does not guarantee or warrant that any files or information available for downloading will be free of infection, viruses, worms, Trojan horses or other code or codes that may contain contaminating or destructive properties. You agree to assume the entire cost of all necessary servicing, repair or correction resulting from any such downloading. You may not link any other website to this Site, nor reference hypertext documents on this Site from another website or document including e-mail, except as expressly provided by EffiHealth. EffiHealth reserves the right at any time and in its sole discretion to change or revoke any authorization granted above. In such circumstances or if you violate any of the provisions of these TOU, your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of the materials.
User Obligations
By installing, accessing, or using this Site, you hereby represent that you are of the legal age to execute a legally enforceable contract under the laws of the state and/or country in which you reside and will, at all times, provide true, accurate, current, and complete information when submitting information to this Site, including, without limitation, when you provide any information to EffiHealth via an email or any registration or submission form found on the Site. If you provide any false, inaccurate, untrue, or incomplete information, EffiHealth reserves the right to in its sole discretion immediately and without notice terminate your access to and use of this Site and/or cancel any of your pending product purchases or registrations with EffiHealth. In addition, you agree to abide by all applicable laws or regulations with respect to your use of this Site. By making communications or submitting information, success stories, testimonials, feedback, and/or photographs (collectively, “Submissions”) to the Site, chat rooms, message or discussion boards or other forums, such as success stories or testimonials, or in contests, you agree that such Submission is not confidential for all purposes and we shall not be liable for any use or disclosure of any such Submissions by us or others. If you make any such Submission, you automatically grant EffiHealth a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, post, disseminate edit, translate, distribute, perform, and display the Submission (including, without limitation, your photograph or likeness) in any media or medium, or any form, format, or forum now known or hereafter developed and waive any and all moral rights in the Submissions. EffiHealth may sublicense its rights through multiple tiers of sublicensees. EffiHealth is not and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay compensation for any Submissions; or (3) to respond to any Submissions.
You also acknowledge and agree that use of the Internet and this Site are solely at your own risk. While EffiHealth has endeavored to create a secure and reliable Site, the confidentiality of any communication or material transmitted to/from the Site over the Internet or any other form of global communication network cannot be guaranteed. Accordingly, EffiHealth is not to any degree responsible or liable for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. You must make your own determination as to these issues.
User Name Handling Policy
Registration as a user for access to certain areas of the Site may require both a user name and a password or adherence to other particular access requirements as designated by EffiHealth in its sole and absolute discretion. Only one user can use one user name and password and, thus, one account. By limiting access in this fashion, it helps avoid unauthorized usage by other persons, institutions, or entities because anyone with knowledge of both your user name and password can gain entry to the restricted portions of the Site and to your account. Accordingly, by using the Site, you agree to consider your user name and password as confidential information and to keep your user name and password strictly confidential. You also agree not to use another user’s user name and password. You will immediately notify EffiHealth if you suspect or become aware of any loss or theft of your password or any unauthorized use of your user name and password. EffiHealth cannot and will not be liable to any degree for any loss or damage arising from your failure to comply with these obligations. EffiHealth reserves the right to delete or change a user name or password at any time and for any reason in its sole and absolute discretion. Notwithstanding the foregoing, nothing herein shall convey to you any further rights in your account or its information and any and all such content or information shall be subject to this TOU.
On-line Purchases; Specific Programs, Other Terms and Conditions
Additional notices, terms, and conditions (including, without limitation, payment terms) may apply to the purchase of certain products and/or resources, participation in certain events or programs, and/or to specific portions or features of the Site, all of which are made a part of this TOU by this reference. You agree to abide by such other notices, terms, and conditions, including, where applicable, representing that you are of sufficient legal age to acquire a product and/or use or participate in any event or program, service, or feature. If there is a conflict between this TOU and the terms posted for or applicable to a specific portion of the Site, including any areas to enable the on-line purchase of items or for any program, event or service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site. EffiHealth’s obligations, if any, with respect to its services, events, programs, and/or products are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such terms, conditions, notices, and agreements.
Third Party Products/Services
EffiHealth, in its sole and absolute discretion, may post the advertisements of third parties on this Site and/or feature materials, programs, events, products, and services provided by third parties. EffiHealth makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third party materials, programs, events, products, and services or any other materials, programs, events, products, and services which you may access through such third party materials, products, and services. Your correspondence or any other dealings with third parties found on this Site are solely between you and such third party. EffiHealth expressly disclaims responsibility and liability for all third party provided materials, programs, events, products, and services contained on or accessed through the Site, and you agree that EffiHealth shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties’ materials, products, and/or services on this Site.
Health-Related Information
Any statements on this Site or any materials or supplements distributed or sold by EffiHealth have not been evaluated by the Food and Drug Administration (FDA). Neither the products nor the ingredients in any of the products available on the Site have been approved or endorsed by the FDA or any regulatory agency. The products on the Site are not intended to diagnose, treat, cure or prevent any disease. The information on this Site or in EffiHealth e-mails is designed for educational purposes only and is not intended to be a substitute for informed medical advice or care. This information should not be used to diagnose or treat any health problems or illnesses without consulting a doctor. If you are pregnant, nursing, taking medication, have a history of heart conditions, or any other medical condition, we suggest consulting with a physician before using any of our products.
Your use of this Site is subject to the additional disclaimers and caveats that may appear throughout the Site.
Privacy Policy
The registration data and certain other information about you is subject to our Privacy policy. Please review our full Privacy Policy.
Links to Other Sites
The EffiHealth Site may provide links, in its sole discretion,to other third party web sites or resources. These links are for your convenience only and are not under our control. You acknowledge and agree that EffiHealth is not responsible for the availability of such external sites or resources, and does not endorse any such site, its use or contents and is not responsible or liable for any content, advertising, products, or other materials on or available from such web sites or resources. You agree that EffiHealth shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on such external sites or resources. In the event you decide to access or use any of these other web sites or resources, you agree you do so at your own risk.
Disclaimer
THE SITE AND THE SERVICES AND MATERIALS AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. EffiHealth DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY AUDIO, VISUAL, OR VIDEO CONTENT POSTED, MADE AVAILABLE THROUGH, OR ACCESSIBLE ON THE SITE. MOREOVER, EffiHealth MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE SITE AND THE SERVICES AND MATERIALS AVAILABLE ON THE SITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. EffiHealth MAY IN ITS SOLE AND ABSOLUTE DISCRETION AND WITHOUT ADVANCE NOTICE MAKE MODIFICATIONS AND/OR CHANGES TO THE SITE AND/OR THE SERVICES AND MATERIALS AVAILABLE ON THE SITE AT ANY TIME. YOU ASSUME THE SOLE RISK OF USING AND/OR RELYING ON THE SERVICES AND MATERIALS AVAILABLE ON THE SITE.
Limitation of Liability
You expressly absolve and release EffiHealth from any claim of harm resulting from a cause beyond EffiHealth’s reasonable control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO EVENT SHALL EffiHealth BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR THE SERVICES AND MATERIALS AVAILABLE THROUGH THE SITE, OR OTHERWISE ARISING OUT OF UTILIZATION OF THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF EffiHealth HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABLITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF EffiHealth FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SITE, EffiHealth’S SERVICES AND MATERIALS, AND/OR ANY PROGRAM OR EVENT MADE AVAILABLE THROUGH THE SITE, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO EffiHealth DURING THE PAST SIX MONTHS IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
Indemnity
You agree to defend, indemnify, and hold harmless EffiHealth and its affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from any breach by you of this TOU.
Governing Law
This TOU and its performance shall be governed by the laws of the state of Connecticut, United States of America, without regard to its conflict of law provisions. Should the arbitration provision below be found to be inapplicable or unenforceable, you consent and submit to the exclusive jurisdiction of the state and federal courts located in the County of Palm Beach, state of Connecticut, United States of America, in all questions and controversies arising out of your use of the Website and this Agreement. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of the Site must be brought within two (2) years from the date on which such claim or action arose or accrued. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this TOU and is hereby disclaimed. A printed version of this TOU and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOU to the same extent as other documents and records originally generated and maintained in printed form. Please contact EffiHealth if you wish to receive a printed copy of this TOU.
Arbitration and Class Action Waiver
Any controversy or claim arising out of or related to the use of the Site that cannot be resolved through an informal process or through negotiation within 120 days shall be settled by binding arbitration administered by the American Arbitration Association, and judgment on the award rendered may be entered in any court having jurisdiction thereof. The arbitration will be conducted in the COUNTY OF FAIRFIELD, but may proceed telephonically (if the claimant so chooses). BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal than a court trial; however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association (“AAA”), and may be conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879.
You agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. If for any reason this arbitration clause is unenforceable or inapplicable, both you and we agree, to the extent permissible by law, to waive any right to pursue any claims on a class action basis. If any portion of this class action waiver is limited, void, or unenforceable, then our agreement to arbitrate under this section will not apply and any controversy or claim must be brought exclusively in the state and federal courts in CONNECTICUT.
Termination of Account
These TOU will take effect at the time you place an order, register, respond to a request for information, or begin downloading, accessing, or using the Site, whichever is earliest. EffiHealth reserves the right at any time and for any reason to deny you access to this Site or to any portion thereof, and EffiHealth shall have the right to immediately terminate a user’s account in the event of any conduct by a user which EffiHealth, in its sole discretion, considers to be unacceptable, or in the event of any breach by a user of these TOU. Termination will be effective, with or without notice. You may also terminate these TOU at any time by ceasing to use the Site, but all applicable provisions of these TOU will survive termination. The provisions concerning EffiHealth’s proprietary rights, Submissions, indemnity, disclaimers of warranty and liability, admissibility of these TOU, and governing law will survive the termination of these TOU for any reason.
Waiver & Severability
Failure to insist on strict performance of any of these TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by EffiHealth of any right under these TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of these TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these TOU shall continue in effect.
Entire Agreement
No joint venture, partnership, employment, or agency relationship exists between you and EffiHealth as result of this TOU or your utilization of this Site. This TOU, EffiHealth’s privacy policy, and any related or associated product purchase, service, or software license agreements, which are all hereby incorporated by reference as if set forth fully herein, represent the entire agreement between you and EffiHealth with respect to use of the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and EffiHealth with respect to this Site. Be advised that EffiHealth reserves the sole and absolute right to change the terms and conditions of this TOU and the terms and conditions under which this Site and its many offerings are extended to you by posting and providing notice of a revised TOU or mailing and/or e-mailing notice thereof to you. In addition, EffiHealth may add, modify, or delete any aspect, program, or feature of this Site. Your continued use of this Site following any addition, modification, or deletion will be conclusively deemed acceptance of any change to the terms and conditions of this TOU. Accordingly, please review the TOU found at this location on a periodic basis.
How To Contact Us
Should you have other questions or concerns about these legal notices or the practices of this Site, or if you are interested in reprinting any of the content of this website, please contact us at:
EffiHealth
60 Katona Drive, Suite 8
Fairfield, CT 06824
Or call 1-888-435-3108 or email us at customerservice@EffiHealth.com
