TERMS OF SERVICE

 

1. Welcome to MENxNATURE!

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Hello and welcome to MenxNature LLC ®! We will use a few defined terms throughout these Terms & Conditions:

• “App”: any downloadable applications we make available to you

• “Merchant Product”: any good or service offered for sale by a Merchant Retailer through the Services.

• “Merchant Retailers”: any third party entity or retailer that sells goods or services through the Services.

• “MENxNATURE”, “we”, “us” or “our”: MenXNature LLC

• “Terms”: These Terms of Service, which are a legally binding agreement that governs your access to our Services.

• “Services”: any software or services we make available to you, including the Site and/or App.

• “Site”: www.menxnature.com and its subdomains

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1.1 Introduction:

MENxNATURE LLC. d/b/a MENxNATURE (“MENxNATURE,” “we,” “us,” “our”) provides its services (described below) to you through its website located at MENxNATURE.com (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (the “Terms of Service”).PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE AND SERVICES, PARTICULARLY SECTION 10 (BINDING ARBITRATION; CLASS ACTION WAIVER), WHICH AFFECTS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US.

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ARE AT LEAST 13 YEARS OLD AND HEREBY INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS.

NOTE TO KIDS under 13 years of age: The Services are not FOR persons under the age of 13. If you are under 13 years of age, then please do not use our Services. Talk to your parents about what websites are appropriate for you.

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1.2 Modifications to Terms of Service:

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised and/or notify you, either through the Services' user interface, in an email notification or through other reasonable means and as required by applicable law. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. In addition, when using certain Services, you will be subject to any additional terms applicable to such Services that may be posted on the Service from time to time.

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1.3 Privacy:

At MENxNATURE, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

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2. Access and Use of the Service

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2.1 Use Description:

The MENxNATURE service, and any content viewed through our service or classes booked through our service, is solely for your personal and non-commercial use. With your MENxNATURE purchase we grant you a limited, non-exclusive, non-transferable, license to access the MENxNATURE content and book classes through our service. Except for the foregoing limited license, no right, title or interest shall be transferred to you. MENxNATURE may revoke your license at any time in its sole discretion. Upon such revocation, you must promptly destroy all content downloaded or otherwise obtained through the service, as well as copies of such materials, whether made in accordance with these Terms of Service or otherwise.

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2.2 Your Registration Obligations:

You may be required to register with MENxNATURE in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. 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 Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.

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2.3 Member Account, Password and Security:

You may never use another's account, and you may not provide another person with the username and password to access your account. You should maintain control over all of the devices that are used to access the Service. If you fail to maintain control of a device, other users may access the Service through your account and may be able to access certain of your account information. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to (a) immediately notify MENxNATURE 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 when accessing the Service. MENxNATURE will not be liable for any loss or damage arising from your failure to comply with this Section.

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2.4 Modifications to Service:

MENxNATURE reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MENxNATURE will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law.

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2.5 General Practices Regarding Use and Storage:

You acknowledge that MENxNATURE may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on MENxNATURE’s servers on your behalf. You agree that MENxNATURE has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that MENxNATURE reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that MENxNATURE reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

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2.6 Mobile Services:

The Service may include certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. In using the Mobile Services, you may provide your telephone number. By providing your telephone number, you consent to receive calls and/or SMS, MMS, or text messages at that number. We may share your phone numbers with our affiliates or with our service providers (such as customer support, billing or collections companies, and text message service providers) who we have contracted with to assist us in pursuing our rights or providing our Services under these Terms of Service, our policies, applicable law, or any other agreement we may have with you. You agree these parties may also contact you using autodialed or prerecorded calls and text messages, as authorized by us to carry out the purposes we have identified above, and not for their own purposes. In the event you change or deactivate your mobile telephone number, you agree to promptly update your MENxNATURE account information to ensure that your messages are not sent to the person that acquires your old number.

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2.7 Money Back Guarantee:

Unless otherwise noted during your purchase of the Service you choose, as required by applicable law in your jurisdiction, or as set forth in the refund policy applicable to any Service you purchase through a third-party marketplace (see Section 3.3 below), should you become dissatisfied with the Service within the first 30 days after purchase, MENxNATURE will refund the full amount of your purchase and subsequently terminate your access. Refunds are not available for customers 30 days after a purchase. Refunds are not available for accounts which have violated the terms of service; violations are determined at MENxNATURE's sole discretion. If MENxNATURE determines that you are abusing our refund policy, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Service without delivering a refund. To request a refund or to ask a question regarding the 30-day money back guarantee, email Support at support@MENxNATURE.com.

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3. Conditions of Use

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3.1 User Conduct and Content:

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. 

1. You represent and warrant that you own the User Content posted by you or that you otherwise have sufficient right, title and interest in and to such User Content to grant us the licenses and rights set forth below without violating, infringing or misappropriating the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person. You agree to pay all royalties, fees and any other monies owed any person by reason of any User Content posted by you. After posting, uploading or embedding User Content to our Services, you continue to retain such responsibility for and rights in such User Content as you held prior to posting such User Content on our Services, except that you waive all moral rights in such User Content. By displaying or publishing any User Content on or through our Services, you hereby grant to MenxNature a non-exclusive, irrevocable, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, adapt, modify (e.g., re-format), re-arrange and distribute your User Content for any purpose through any manner, mode of delivery or media now known or developed in the future (e.g., including to anonymize or re-purpose such content). In addition, we have no obligation to use, or to continue to use, any of your User Content. You retain sole authorship responsibility for any User Content you post, upload or embed to our Services regardless of whether MenxNature modifies your User Content (including if we anonymize such content). MENxNATURE reserves the right to investigate and take appropriate legal action against anyone who, in MENxNATURE' sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:

• email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of MENxNATURE, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose MENxNATURE or its users to any harm or liability of any type;

• interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

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

• 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;

• harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

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

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

• obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

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3.2 Fees:

To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide MENxNATURE information regarding your credit card or other payment instrument. You represent and warrant to MENxNATURE that such information is true and that you are authorized to use the payment instrument. 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 agree to pay MENxNATURE the amount that is specified in the 

payment plan (as well as any applicable taxes) in accordance with the terms of such plan and this Terms of Service. You hereby authorize MENxNATURE to bill your payment instrument in accordance with the terms of the applicable payment plan (as well as any applicable taxes) until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let MENxNATURE know within sixty (60) days after the date that MENxNATURE charges you. We reserve the right to change MENxNATURE's prices. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on MENxNATURE's net income.

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3.3 Recurring Subscriptions:

If you select a Service with an auto renewal feature (“Recurring Subscription”), you authorize MENxNATURE to maintain your account information and charge that account automatically upon the renewal of the Service you choose with no further action required by you. In the event that MENxNATURE is unable to charge your account as authorized by you when you enrolled in a Recurring Subscription, MENxNATURE, may, in its sole discretion: (i) bill you for your Service and suspend your access to the Service until payment is received, and/or (ii) seek to update your account information through third party sources (i.e., your bank or a payment processor) to continue charging your account as authorized by you.

MENxNATURE may change the price for Recurring Subscriptions from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Recurring Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use your Recurring Subscription after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by cancelling your Recurring Subscription before the price change goes into effect. Please therefore make sure you read any such notification of price changes carefully.

Payments are nonrefundable and there are no refunds or credits for partially used periods. You may cancel a Recurring Subscription at any time, but if you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. Following any cancellation, however, you will continue to have access to the service through the end of your current subscription period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

If you purchase any Service through a mobile purchase or third-party marketplace (e.g., through the Apple App Store or Google Play Store), the refund policy applicable to that third-party marketplace will apply, unless otherwise explicitly stated by MENxNATURE. Except as otherwise explicitly stated by MENxNATURE, the third-party marketplace will be solely responsible for making refunds under its refund policy, and MENxNATURE will have no refund obligations. MENxNATURE disclaims any responsibility or liability related to any third-party marketplace's refund policy or the third party's compliance or noncompliance with such policy.

If you subscribed on our website, you can cancel by contacting Support at support@MENxNATURE.com or by going to MY Subscriptions in your account, selecting Cancel Subscription under the My Subscription box and then following the onscreen instructions to continue and cancel subscription.

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3.4 Special Notice for International Use; Export Controls:

Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

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3.5 Commercial Use:

Unless otherwise expressly authorized herein or by MENxNATURE in writing, 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 Service, use of the Service, or access to the Service. The Service is solely for your non-commercial, personal, entertainment use.

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3.6 Merchant Products:

1. The Services may make available listings, descriptions, and images of Merchant Products which are made available by third parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Services). Such information and the availability of any Merchant Product are subject to change at any time without notice.

2. We have made efforts to accurately display the attributes of Merchant Products, including the applicable colors. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.

3. We sell Merchant Products for children’s use; however, these Merchant Products are intended for sale to adults.

4. MenxNature is not responsible for, and cannot guarantee the performance of, goods and services provided by third parties, including any Merchant Retailer, our advertisers, or other third parties to whose sites we link. While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on the Services, including the product description, country of origin, nutrition, ingredient, allergen, and other information. Always read labels, warnings, directions, and other information provided with the product before using the Merchant Product. For additional information about a Merchant Product, please contact the manufacturer. If you find a Merchant Product is not as described, your sole remedy is to return it in unused condition to the applicable Merchant Retailer, in accordance with MenxNature’s return policy. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Merchant Product.

3.7 Classes:

1. The Services include Classes (defined below), which Instructors (defined below) may offer for sale.  While MenxNature strives to high standards of service, you acknowledge and agree that: (1) MenxNature is not a party to any agreements entered into between you and any Instructors, (2) MenxNature only provides certain tools to facilitate the purchase, sale and provision of Classes, (3) MenxNature contracts for Classes directly with Instructors (4) MenxNature is not a broker, agent (except as expressly set forth below) or insurer, and (5) MenxNature disclaims all liability for the conduct of you, Instructors, or any other consumers of Classes or users of the Site. “Classes” mean online digital classes for parenting and wellness related to and designed for Parents or Parents-to-be.  “Instructors” means the third-party provider of Classes. 

2. As the provider of an online marketplace, MenxNature does not own, create, sell, resell, control, or manage any Classes. Instructors acknowledge and agree that MenxNature’s responsibilities are limited to: (i) providing the Site as an online marketplace and platform to facilitate the sale, purchase, and conduct of Classes, and (ii) serving as the limited agent of each Instructor for the purpose of accepting payments from a user on behalf of the Instructors. There are risks that you assume when dealing with other users (including those who may be acting under false pretenses). 

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4. Payments; Placing an Order

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4.1 Payments; Placing an Order.

1. Order Acceptance and Payment Processing. Payment processing for the Services and any Merchant Product purchased through the Services is provided by such third-party payment processor as we may utilize from time to time (“Payment Processor”). MenxNature does not collect or store your credit card information. You can find out more about our privacy practices in our Privacy Policy. By providing a credit card or other payment method accepted by MenxNature and using the Services, you represent and warrant that you are authorized to use the designated payment method. If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your account may be suspended or canceled. You must resolve any problem we or our Payment Processor encounter in order to proceed with your purchase or use of your account. Prior to accepting an order we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our Payment Processor. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order.

2. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the applicable Services and/or Merchant Products, as well as all shipping and handling charges and applicable taxes.

3. MenxNature reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits be applied. MenxNature also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms, “reselling” will be defined as purchasing or intending to purchase any Merchant Product(s) through the Services for the purpose of engaging in a commercial sale of the same Merchant Product(s) to a third party.

4.2 Pricing Information; Availability.

1. MenxNature cannot confirm the price or availability of a Merchant Product until after your order is placed. Pricing or availability errors may occur on the Services or through Merchant Retailers. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Merchant Product. MenxNature reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from MenxNature or the applicable Merchant Retailer. MenxNature may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

2. Promotional Codes. Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code.

3. Shipping and Delivery. Orders for Merchant Products will be fulfilled by the applicable Merchant Retailer. The Merchant Retailer will ship to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Services. Risk of loss and title for Merchant Products will be in accordance with the applicable Merchant Retailer’s shipping terms, and if none are provided, risk of loss and title for Merchant Products will pass to you upon delivery of the Merchant Products to the carrier by the Merchant Retailer. Delivery of Merchant Products to addresses outside the United States may be limited. Some Merchant Products may have restricted delivery within the United States. Estimated delivery times are determined based on the method of shipping chosen when Merchant Products are purchased and the destination of the Merchant Products. For clarity, MenxNature shall not have any liability with respect to fulfillment, loss and shipping of Merchant Products from the Merchant Retailer to you.

4. Export Policy. You acknowledge that (a) goods sold through the Services, and (b) any software or technology purchased, downloaded, or used from the Services, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received, and you agree to comply with all applicable laws. You agree, represent, and warrant that no MenxNature Content or Merchant Products will be accessed from, downloaded in, released in, carried to, transferred to, transshipped through, exported to, or re-exported (collectively “transferred”) to any territory (or national resident thereof), person, entity, or organization to which such MenxNature Content or Merchant Products could not be transferred directly from the United States or by a U.S. person without a license, including without limitation to any person on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List.

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5. Intellectual Property Rights

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5.1 Service Content, Software and Trademarks:

You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by MENxNATURE, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by MENxNATURE from accessing the Service (including 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 Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of MENxNATURE, 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 MENxNATURE.

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

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5.2 Third Party Material:

Under no circumstances will MENxNATURE be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that MENxNATURE does not pre-screen content, but that MENxNATURE and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, MENxNATURE and its designees will have the right to remove any content that violates these Terms of Service or is deemed by MENxNATURE, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

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5.3 User Content Transmitted Through the Service:

With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that you have all required rights to post or transmit such content or other materials without violation of any third-party rights. By uploading any User Content you hereby grant and will grant MENxNATURE, its affiliated companies and partners (including but not limited to MENxNATURE instructors, practitioners and other third parties providing instructional information through the Services, collectively “partners”) a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify and otherwise use and fully exploit your User Content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise).

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Service (“Submissions”), provided by you to MENxNATURE, its affiliated companies or partners are non-confidential and MENxNATURE, its affiliated companies and partners will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that MENxNATURE may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of MENxNATURE, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

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5.4 Health and Medical Disclaimer:

MENxNATURE does not provide medical advice. MENxNATURE only provides general information regarding health, wellness, and physical exercise through its Service. You acknowledge and agree that the Service is not intended to be, and will not be used as, a substitute for medical treatment by a health care professional. You agree to consult your healthcare provider before initiating any physical exercises or wellness practices, and follow your provider’s advice accordingly. You also acknowledge and agree to accept the inherent risks and dangers in participating in new or strenuous health, wellness, and physical exercises. You agree that MENxNATURE will not be liable for any injury, loss, or damages arising from your access or practice of the Service’s health, wellness, and/or physical exercise content.

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5.5 Copyright Complaints:

MENxNATURE respects the intellectual property of others. If you believe in good faith that any materials on the Sites infringe upon your copyrights, please send the following information to MENxNATURE at support@MENxNATURE.com

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

• Your address, telephone number, and email address;

• A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  a statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or are authorized to act on the copyright owner’s behalf;

• A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest.

 

5.6 Counter-Notice:

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent: your physical or electronic signature; identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within The US District Court of Colorado and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, MENxNATURE will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

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5.7 Repeat Infringer Policy:

In accordance with the DMCA and other applicable law, MENxNATURE has adopted a policy of terminating, in appropriate circumstances and at MENxNATURE's sole discretion, users who are deemed to be repeat infringers. MENxNATURE may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

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6. Third Party Websites

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The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. MENxNATURE has no control over such sites and resources and MENxNATURE is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that MENxNATURE 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 Service are between you and the third party, and you agree that MENxNATURE is not liable for any loss or claim that you may have against any such third party.

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While MENxNATURE aims to provide unbiased editorials we wish to disclose that (i) we occasionally receive free products from marketers that we sometimes review or discuss in our editorials, and (ii) we may run advertisements on our sites concerning some of those products or companies that sell them (and other products sold by such companies) for which we sometimes receive compensation, and (iii) we may sell these products within our store, and (iv) we may use affiliate links to products and or services for which we sometimes receive compensation. MENxNATURE is a participant in a number of affiliate advertising programs. For instance, we participate in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. As an Amazon Associate, we earn from qualifying purchases.

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7. Social Networking Services

You may enable or log in to the Service via various online third party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and MENxNATURE's use, storage and disclosure of information related to you and your use of such services within MENxNATURE (including your friend lists and the like), please see our Privacy Policy.

However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and MENxNATURE shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.

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In addition, MENxNATURE is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, MENxNATURE is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. MENxNATURE enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

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8. Indemnity and Release

To the fullest extent permitted by law, you agree to release, indemnify and hold MENxNATURE and its affiliates and their officers, employees, directors and agent harmless from any 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 Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. 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.

9. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, MENXNATURE EXPRESSLY DISCLAIMS 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.

MENXNATURE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

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10. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MENXNATURE OR ITS AFFILIATES, CONTENT AUTHORS, LICENSORS, CONTRACTORS, EMPLOYEES, AGENTS OR THIRD PARTY PARTNERS OR SUPPLIERS 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 MENXNATURE HAS 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 SERVICE; (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 SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL MENXNATURE’S OR ITS AFFILIATES, CONTENT AUTHORS, LICENSORS, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES (WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE) EXCEED FIVE U.S. DOLLARS ($5).THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES, INCLUDING MERCHANT PRODUCTS, SOLD OR PROVIDED TO YOU BY THIRD PARTIES, INCLUDING MERCHANT RETAILERS, OTHER THAN MENXNATURE AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE SERVICES.

 

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, MENXNATURE WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY MERCHANT RETAILER OR OTHER USER OF THE SERVICES.

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SOME JURISDICTIONS DO NOT ALLOW THE 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. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

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11. No Medical Advice.

The Services may contain digital classes, videos, articles, blogs, questions and answers, frequently asked questions or other postings (each an “Article”) regarding health care, medicine, nutrition and similar topics. All such information is general in nature and should not substitute for, or be used instead of, a clinical or therapeutic relationship with a health care professional who is fully familiar with the specifics of your case. Such Articles may assist you in your personal, general research but none of it constitutes the practice of medicine or any other health care profession.  You acknowledge and agree that the Service is not intended to be, and will not be used as, a substitute for medical treatment by a health care professional. Nothing in any Article is intended as a recommendation or endorsement of any specific tests, products, procedures, healthcare provider, opinions or other information that may be mentioned in our Services. Email correspondence with any author of an Article (even if the author is a physician), will not, in and of itself, create a physician/patient relationship or cause such author to create or retain any medical records about you, monitor your care or communicate with your health care provider. Always seek the advice of your physician or other qualified health care provider with any questions you have regarding your medical care. If you suspect that you may have a medical condition, or are seeking medical advice or treatment, we recommend that you consult a qualified health professional as soon as possible. You should be aware of the general risks of transmitting information over the Internet, which may not use encryption. You should therefore not share any personal medical information that you would wish to be held confidential in a physician/patient or similar clinical relationship. To the maximum extent permitted by law, neither the MenxNature nor any authors of any Articles found on our Services shall have any liability to you for any loss, damage or injury of any kind which you may claim to have incurred as a result of your reliance on any Article content.

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12. Binding Arbitration; Class Action Waiver

You and MENxNATURE agree that these Terms of Service affect interstate commerce and that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section 10 is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us or the Terms of Service or the Service, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.

If you have any dispute with us, you agree that before taking any formal action, you will contact us support@MENxNATURE.com, and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

All disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by the procedures identified above shall be resolved by individual (not group) binding arbitration to be conducted before JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration. For residents outside the United States, arbitration will be held in Denver, Colorado, and you and MENxNATURE agree to submit to the personal jurisdiction of any federal or state court in Denver, Colorado in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Service, including but not limited to any claim that all or any part of these Terms of Services are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

MENxNATURE shall bear the cost of any arbitration filing fees and arbitration fees for claims of up to $75,000, unless the arbitrator finds the arbitration to be frivolous. You are responsible for all other additional costs that you may incur in the arbitration including but not limited to attorneys’ fees and expert witness costs unless MENxNATURE is otherwise specifically required to pay such fees under applicable law. If your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing.

You and we agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND MENXNATURE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Notwithstanding the parties' decision to resolve all disputes through arbitration, you or we may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). You or we may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction to the extent such claims do not seek equitable relief.

You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to MENxNATURE at the address identified in Section 14 below. The notice must be sent within thirty (30) days of (a) the “Date of Last Revision” date of these Terms of Service as set forth above; or (b) your first date that you used the Services that contained any versions of the Terms of Service that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, MENxNATURE also will not be bound by them. If MENxNATURE changes this ‘Arbitration’ section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Date of Last Revision” date above or in the date of MENxNATURE' email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and MENxNATURE in accordance with the provisions of this section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND MENXNATURE REGARDING ANY ASPECT OF THE SERVICE (INCLUDING THE ENROLMENT PROCESS) AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.

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13. Termination

You agree that MENxNATURE, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if MENxNATURE believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. MENxNATURE may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that MENxNATURE 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 Service. Further, you agree that MENxNATURE will not be liable to you or any third party for any termination of your access to the Service.

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14. Disputes Between Users

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