TERMS AND CONDITIONS

Terms and Conditions

UltraHealth LLC

General Terms of Service

Last Updated: November 01, 2023

The following terms and conditions (“Terms”, “Terms and Conditions”) are entered into by and between you and UltraHealth LLC D/B/A UltraHealth (“us”, “we”, or “our”). The Terms govern (1) your access to and use of https://www.theultrahealthstore.com/, as may be updated, relocated, or otherwise modified from time to time, including any content, functionality, and services offered on or through https://www.theultrahealthstore.com/ and all intellectual property rights arising out of or related to the foregoing (collectively, the “Site”), and (2) your purchase and use of our products and services made available via the Site.

Please read these Terms carefully before using the Site. By accessing or using the Site, you accept and agree to be bound and abide by these Terms. If you disagree with any part of the terms, then you may not access the Site. If you do not want to agree to these Terms, you must not access or use the Site. By using this Site, you represent and warrant that you are at least 13 years of age or older. If you do not meet all these requirements, you must not access or use the Site.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

In addition, when accessing or using the Site, you will be subject to any additional terms applicable to such access or use that may be posted on the Site from time to time, including, without limitation, the Privacy Policy located at https://www.theultrahealthstore.com/pages/privacy-policy and Shipping and Return Policies located at https://www.theultrahealthstore.com/pages/shipping-and-return-policies. By accessing or using the Site, you agree to the terms of our Privacy Policy and Shipping and Return Policies.

Links from the Site

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 content or privacy policies 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 websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Accessing the Site

We reserve the right to withdraw or amend this Site, and any service or material 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 is unavailable at any time or for any period. We may update the content on this Site from time to time, but its content is not necessarily complete or up to date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material. From time to time, we may restrict access to some parts of the Site, or the entire Site. You are responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them. 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 that all information you provide, including, but not limited to, using any interactive features on the Site, is governed by our privacy policy (https://www.theultrahealthstore.com/pages/privacy-policy), and you consent to all actions we take with respect to your information consistent with our privacy policy.

Acceptable Use

You may only use this Site for lawful purposes in accordance with these Terms. You agree not to use the Site in any way that violates any law or regulation, including, without limitation, any laws regarding the export of data or software to and from the US or other countries. You agree not to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site, or expose them to liability.

You agree not to, and agree that you will not allow or assist any third party to:

1. interfere with or disrupt the Site or servers or networks connected to the Site, disobey any requirements, procedures, policies, or regulations of networks connected to the Site, or access or 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;

2. use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;

3. use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms, without our prior written consent;

use any device, software, or routine that interferes with the proper working of the Site;

4. introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

5. 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;

6. 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;

1. violate any applicable local, state, national or international law, or any regulations having the force of law;

2. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

solicit personal information from anyone under the age of 18;

1. disclose personal information about a third party or another user on the Site or obtained from the Site without the consent of such third party or user, or solicit, harvest, or collect information about other Site users without their consent;

2. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;

3. further or promote any criminal activity or enterprise or provide instructional information about illegal activities;

4. obtain, or attempt to access or otherwise obtain, any materials or information through any means not intentionally made available or provided for through the Site;

5. express or imply that any statements you make are endorsed by us, without our prior written consent in each instance; or build a competing service.

Registration

You may be permitted to register an account on our Site in order to access and use certain features of the Site, such as expedited checkout. If you choose to register an account on the Site, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Site’s registration form. You acknowledge that if you provide any information to us that is not true, accurate, current, and complete we may terminate your access and use of the Site. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Site, with or without registering. In addition, if you are under 18 years old, you may use the Site, with or without registering, only with the approval of your parent or guardian. You represent and warrant that you have not been previously suspended or removed from the Site and your registration and use of the Site follows all applicable laws. You may close your account at any time and without cost, but you will remain liable for any outstanding purchases as well as any fees or other charges incurred in connection with your account. We will not issue refunds for amounts previously incurred through our Site once you close your account. You can close your account by emailing info@theUltraHealthStore.com

Account, Password, and Security

You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us at info@theUltraHealthStore.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session, where applicable, when accessing the Site. We will not be liable for any loss or damage arising from your failure to comply with this Section.

Fees

Certain features within the Site, including the purchase of our products, may require you to pay fees, including one-time fees. Before you pay any fees, you will have an opportunity to review the fees that you will be charged before you accept them. You agree to pay us the amount that is specified in accordance with these Terms.

Payment processing services for us may be provided by our third-party payment processors. You agree to provide us or our third-party payment processor, as applicable, with current, accurate, and complete information about you and your payment methods (billing address, credit card number, expiration date, etc.). You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You represent and warrant to us that such information is true and that you are authorized to use the payment instrument. You authorize us to share it and transaction information with our payment processing services provider, and you authorize the payment processing services provider to process that information in accordance with its privacy policy.

If you dispute any charges, you must let us know by sending a message to info@theUltraHealthStore.com within 30 days after the date that we charge you. We reserve the right to change our prices.

Modifications to Site

We reserve the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.

Intellectual Property Rights

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 us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site without our prior written consent.

Except as expressly authorized by us, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Site, the content therein, or our products or services, in whole or in part. In connection with your use of the Site you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by us from accessing the Site (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Site or the content therein other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Site or distributed in connection therewith are the property of us, our affiliates, and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by us.

Our name and logos are our trademarks and service marks (collectively “Our Trademarks”). Other company, product, and service names and logos used and displayed via the Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to us. Nothing in these Terms or the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our Trademarks displayed on the Site, without our prior written permission in each instance. All goodwill generated from the use of Our Trademarks will inure to our exclusive benefit.

Reliance on Information

The information 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 information. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, 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 bloggers and third-party licensors, syndicators, aggregators, and/or reporting services. 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 us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. You agree that you must evaluate, and bear all risks associated with, the use of any content or materials, including any reliance on the accuracy, completeness, or usefulness of any content or materials.

Changes to the Terms

We reserve the right to revise or update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. 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. However, any changes to the dispute resolution provisions set out in Dispute Resolution will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Site.

Confidentiality

While providing the Site or our products or services, we may disclose or make available to you information about our business. You acknowledge that all knowledge, information, and data provided by us to you with respect to the business, operations, and marketing of our products or services that is not generally known or publicly available, whether designated as “confidential,” is our confidential information and you will not use or disclose such confidential information to any third party without our prior written consent.

Third-Party Websites

The Site may provide, or third parties may provide, links or other access to other sites and resources on the Internet. We have no control over such sites and resources, and we are not responsible for and does not endorse such sites and resources. You further acknowledge and agree that we will not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods, or services available on or through any such site or resource. Any dealings you have with third parties found while using the Site are between you and the third party, and you agree that we are not liable for any loss or claim that you may have against any such third party.

Third-Party Platforms

The Site may include the use of certain third-party platforms. These platforms are considered part of the Site for the purpose of these Terms, but we do not own or exercise meaningful control over such platforms and we are not responsible for such platforms. You further acknowledge and agree that we will not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods, or services available on or through any such platform. Depending on your location, certain third-party platforms may not be available to you.

Indemnity and Release

You agree to release, indemnify, and hold us and our affiliates and their officers, employees, directors, agents, and contractors (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Site or our products or services, your connection to the Site, your violation of these Terms or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages, or expenses incurred because of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Disclaimer of Warranties

YOUR USE OF THE SITE AND OUR PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND OUR PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT (I) THE SITE OR OUR PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR OUR PRODUCTS OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE OR OUR PRODUCTS OR SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE OR OUR PRODUCTS OR SERVICES. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN THE LAST SIX MONTHS, OR, IF GREATER, $100.

Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations set forth above may not apply to you or be enforceable with respect to you. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR OUR PRODUCTS OR SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND OUR PRODUCTS AND SERVICES.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless us and our licensors and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, any use of the Site's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.

Dispute Resolution by Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and us, whether arising out of or relating to these Terms (including any alleged breach thereof), the Site, our products or services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering these Terms, you and we are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. If you are not a resident of the United States, this Arbitration Agreement will only apply to you to the extent applicable law in your country of residence permits.

Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

Pre-Arbitration Dispute Resolution

We are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at info@theUltraHealthStore.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, a written Notice of Dispute (“Notice”). The Notice to us should be sent to info@theUltraHealthStore.com (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If you and we do not resolve the claim within 60 calendar days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by us, or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled.

Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless we and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If we are the party initiating an arbitration against you, we will pay all costs associated with the arbitration, including the entire filing fee. If you are the party initiating an arbitration against us in accordance with these Terms, we will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. However, the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Any payment of attorneys’ fees will be governed by the AAA Rules.

Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms will continue to apply.

Future Changes to Arbitration Agreement

Notwithstanding any provision in these Terms to the contrary, we agree that if we make any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Site, you may reject any such change by sending us written notice within 30 calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the applicable arbitration language in these Terms as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

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 WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, YOU ACCEPT AND AGREE THAT SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Consent to Electronic Communications

By using the Site, you agree that we may communicate with you electronically regarding registration, security, privacy, and administrative issues relating to your use of the Site or our products or services. You consent to receiving our email newsletter and other marketing-related emails from us. If you wish to remove yourself from our email list for such marketing-related emails, please use the unsubscribe link in any email received from us, or email us with “OPT-OUT”, “UNSUBSCRIBE”, “STOP”, or “REMOVE” in the subject line.

If you elect to receive marketing text or SMS messages from us, either via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring transactional, marketing, or promotional text and SMS messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. These may include cart abandon messages. Message frequency may vary. This service is optional and is not a condition for purchase. You can opt out of receiving such promotional or marketing Text Messages from us at any time by replying “STOP” to any such Text Message you receive from us. In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to such Text Messages and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving text or SMS messages. Under no circumstances will we or our affiliates be responsible for any text or SMS messaging, or wireless charges incurred by you or by a person that has access to your wireless device or telephone number, or for any fees, costs, or overage charges associated with any data charges or data plan. If your carrier does not permit text or SMS messages, you may not receive the Text Messages. Neither we nor the wireless carriers (such as T-Mobile) will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, and time and content of your text and SMS messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us. For more information on how we may use telephone numbers, please read our Privacy Policy.

Commercial Use

Unless otherwise expressly authorized herein or in the Site, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Site or our products or services, use of the Site, or access to the Site. The Site is for your personal use.

Termination

The term of these Terms will commence on the date on which you first access or use the Site in any way and will continue so long as you continue to access or use the Site, unless earlier terminated by us. You agree that we, in our sole discretion, may suspend or terminate your account (or any part thereof) or use of the Site and remove and discard any content within the Site, for any reason, including, without limitation, for lack of use, or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site, may be referred to appropriate law enforcement authorities. We may also in our sole discretion, and at any time, discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Terms may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that we will not be liable to you or any third party for any suspension or termination of your access to the Site.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Site and we will have no liability or responsibility with respect thereto. We reserve the right, but have no obligation, to become involved in any way with disputes between you and any other user of the Site.

General

These Terms constitute the entire agreement between you and us and govern your use of the Site and our products and services purchase or acquired via the Site, superseding any prior agreements between you and us with respect to the foregoing. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content, or third-party software. These Terms will be governed by the laws of the Commonwealth of Indiana without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and we agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Indianapolis, Indiana. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, our products or services, or these Terms must be filed within one year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Your access to and use of the Site does not create any direct business relationship between you and us. You acknowledge and agree that these Terms are not an employment agreement, nor does it create an employment or contractor relationship, between you and us. You may not assign these Terms without our prior written consent, but we may assign or transfer these Terms, in whole or in part, without restriction. The section titles in these Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. We may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Site. We will not be liable for any delay or failure to perform under these Terms as a result of any cause or condition beyond our reasonable control, so long as we use reasonable efforts to avoid or remove those causes of delay or non-performance.

Notice for California Users

Under California Civil Code Section 1789.3, users of the Site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at info@theUltraHealthStore.com.

If you have any questions about these Terms or other feedback, comments, or requests for Site technical support, or to report any violations of these Terms, please contact us.