1. Marketing Disclosure and Disclaimer of Content
The Website posts general articles about a variety of subjects, services, and products. All information provided on the Website is for informational and entertainment purposes only. These articles and information have not been reviewed or approved by any government agency including the FDA and are not intended to diagnose or cure any illness. Some of the articles are sponsored by third-party advertisers and as to those articles; We receive monetary compensation from the third parties mentioned in the articles to the extent that customers click through to the advertiser’s website or complete a sale on the advertiser’s websites. We do not have any obligation to pre-screen any content that goes on the Website. You will know which of these articles are sponsored by third parties as a disclosure “Sponsored Content” will appear at the end of the Article.
The products and services discussed on the Website which are sponsored are the property of third parties. We do not make any representations regarding the use of such products or services and your individual results may vary from the experiences described in the articles on the Website. Any opinions, advice, statements, or other information expressed or available by third parties, including other users, are those of the respective author(s) or distributor(s) and not Ours. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, information, or statement on the Website by anyone other than authorized employees in their employment capacity.
2. Disclaimer of Warranties
GENERAL DISCLAIMER. THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON OR THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, COMPANY MAKES NO WARRANTY THAT THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, OR AGAINST INFRINGEMENT; (E) WILL RESULT IN ANY SPECIFIC HEALTH-RELATED OR FINANCIAL OUTCOME; AND/OR (F) WILL BE ACCURATE OR RELIABLE. THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. COMPANY IS NOT LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR OTHERWISE THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION, INCLUDING THE CONSULTATION WITH OTHER THIRD PARTIES AND EXPERTS AS APPROPRIATE, BEFORE RELYING ON IT. USE OF THE SITE AND/OR THE SERVICE IS AT YOUR SOLE RISK.
INVESTMENT & FINANCIAL INFORMATION DISCLAIMER. Any and all content on Our Website related to financial or investment is not advice provided by an experienced financial investment advisor nor does it create any financial advisor relationship. You should consult the appropriate licensed professional before making any financial investment or conduct your own independent research and consult with your personal investment advisor before making any investments or financial decisions. You agree that We shall not have any liability for your financial/investment decisions based upon or originating from the content on Our Website.
FEDERAL DRUG ADMINISTRATION DISCLAIMER. The content on Our Website is general information only and it has not been reviewed, evaluated or approved by the Federal Drug Administration. It should not be used to diagnose, treat or cure any medical or health condition. You should not discontinue any medication prescribed by your physician based upon any information obtained on or through Our Website. You should always consult with your doctor or other health care provider before beginning, changing or stopping any medication or treatment. This is particularly true if you have a serious medical condition, are pregnant or are contemplating treatment for your children. You agree that We shall not have any liability for your medical, health, dietary or nutritional decisions based upon any information or products obtained on or through Our Website.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
3. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED TO ACCESS TO OR USE OF OUR WEBSITE OR ANY SERVICE OR PRODUCT OBTAINED ON OR THROUGH OUR WEBSITE EVEN IF WE AND/OR PARTIES RELATED TO US HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL OUR LIABILITY OR ANY OF THE PARTIES RELATED TO US EXCEED THE AMOUNT THAT YOU PAID TO US DURING THE SIX (6) MONTHS PRIOR TO THE TIME THE CAUSE OF ACTION GIVING RISE TO LIABILITY AROSE.
THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. ACCESS TO THE WEBSITE AND/OR THE PRODUCTS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS COMPANY LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
In the event you are a resident of a state that does not allow the exclusion or the limitation of liability for consequential or incidental damages then Our liability and damage assessment shall be limited to the fullest extent permitted by law.
4. International Marketing Disclaimer
Information pertaining to any products or services provided on the Website is intended for residents throughout the world. The Website, the posted articles, and any sponsored content may contain information about products that may or may not be available in a particular country, territory or region of the world (including the United States), may be available under different trademarks in different countries. The products advertised on this Website have not been approved or cleared by a government regulatory body. You should not construe anything on the Website as an endorsement of any product or service or for the use of any product or service that is not authorized by the laws and regulations of the country where you are located. We do not verify any claims made by persons who contribute to or advertised on or through Our Website.
5. Intellectual Property Rights
All trademarks, product names, company names and logos appearing on the Website are the property of their respective owners. The Website contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other material (collectively “Content”) that are protected by copyrights, trademarks or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the United States copyright laws, and We own a copyright in the selection, coordination, arrangement, and enhancement of such Content. All rights to such Content are reserved to their respective copyright owners. Except as permitted by the fair use privilege under the United States copyright laws, you may not upload, post, reproduce or distribute in any way the Content protected by copyright, or other proprietary rights, without obtaining the permission of the owner of the copyright or other proprietary rights. Any other use of the Content available on Our Website, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without Our prior written permission, is strictly prohibited.
Copyright Agent and Notification of Copyright Violation. If you believe that your copyright work has been placed on Our Website in a manner that constitutes copyright infringement, please forward the following information to Our Copyright Agent, pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), at The Daily Lifer, 382 NE 191st St #85128 Miami, FL 33179-3899. Be sure to include the following required information:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 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.
You agree to indemnify and hold Company, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Website and products purchased therefrom; (b) your breach of this Agreement; and/or (c) your violation of any rights of another individual and/or entity.
7. Third Party Links and Websites
The Website may contain links to other websites on the Internet that are owned and operated by third parties. We do not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by Us of the applicable website or any association with the website’s operators. Because We have no control over such websites and resources, you agree that We are not responsible or liable for the availability or the operation of such websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Website, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third parties. You further agree that We shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such website or any such dealings or promotions.
8. Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with The Daily Lifer and limits the manner in which you can seek relief from us.
Applicability of Arbitration Agreement. You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Website, to any products sold or distributed through the Website, or to any aspect of your relationship with The Daily Lifer, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims or seek relief in small claims court if your claims qualify; and (2) you or The Daily Lifer may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to: The Daily Lifer, 382 NE 191st St #85128 Miami, FL 33179-3899. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider, located in Los Angeles, California. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, The Daily Lifer will pay them for you. In addition, The Daily Lifer will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for disputes, claims, or requests for relief totaling less than $10,000 unless the arbitrator determines the claims are frivolous.
The prevailing party of any action arising out of this Agreement shall be entitled to recover reasonable attorneys’ fees and costs in addition to other relief to which it is awarded. The arbitrator will apply California law to the merits of any dispute or claim. With respect to any actions or proceedings to compel arbitration, enforce any arbitration award or appeal any arbitration award related to this Agreement, the parties hereto expressly consent to the personal jurisdiction of the state and federal courts located in California. In addition, damages that are inconsistent with any applicable agreement between the Parties, that are punitive in nature, or that are not measured by the prevailing party’s actual damages, shall be unavailable in arbitration or any other forum.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and The Daily Lifer. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial. YOU AND THE DAILY LIFER HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and The Daily Lifer are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of California. All other disputes, claims, or requests for relief shall be arbitrated.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: The Daily Lifer, 382 NE 191st St #85128 Miami, FL 33179-3899, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Severability. Except as provided in the “Waiver of Class or Other Non-Individualized Relief” subsection above, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with The Daily Lifer.
Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if The Daily Lifer makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing The Daily Lifer at the following address: The Daily Lifer, 382 NE 191st St #85128 Miami, FL 33179-3899.
9. General Provisions
9.1 Governing Law; Jurisdiction. This TOU is governed by and will be construed under, the laws of the United States of America and the law of the State of California, without regard to conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. All disputes arising out of or related to your use of Our Website shall be subject to the exclusive jurisdiction of the state and federal courts located within Los Angeles County California and you agree to submit to the personal jurisdiction and venue of such courts.
9.2 Revision and Updates to TOU. This TOU may only be modified and revised by the US. Your continued use of the Website after such posting constitutes your acceptance and agreement to the modification or revision.
9.3 Independent Parties. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Us as a result of this TOU or your use of the Service.
9.4 Assignment. We may assign this TOU, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the TOU without Our prior written consent, and any unauthorized assignment by you shall be null and void.
9.5 Severability. If any part of this TOU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the TOU shall be given full force and effect.
9.6 No Waiver. Our failure to enforce any provision of this TOU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect Our right of any party to enforce each and every such provision thereafter.
9.7 Notice. All notices given by you or required under this TOU shall be in writing and addressed to The Daily Lifer, 382 NE 191st St #85128 Miami, FL 33179-3899
9.8 Equitable Remedies.
You hereby agree that We would be irreparably damaged if the terms of this TOU were not specifically enforced, and therefore you agree that We shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this TOU, in addition to such other remedies as we may otherwise have available to Us under applicable laws.
9.9 Entire Agreement.
This TOU constitutes the entire agreement between you and Us with respect to Our Website and/or Service and Products advertised thereon and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and Us with respect to the Website and/or Services and/or Products.