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These Terms of Service (“Terms”) govern any services (the “Services”) provided or made available by Reality Meets Science LLC, its members, managers, employees, personnel, representatives, subsidiaries and affiliates (the “Company”). Your use of the Company’s Services constitutes your acceptance of these Terms. Please read these Terms carefully before purchasing or engaging in any of the Services.
The Company reserves the right, in its sole discretion, to change modify, add, remove or amend the Terms from time to time. Amendments will be effective upon the Company’s posting of such updated Terms. Your continued use of the Services after any such modification constitutes your consent to be bound by the Terms, as amended.
OUR SERVICES DO NOT REPLACE ANY LICENSED HEALTHCARE PROVIDER ADVICE OR CARE
The information regarding the Services is not intended to replace the advice of a physician or any other healthcare professional or any information contained on or in any product label or packaging. You should not use the Services or any information provided for diagnosing or treating any health problem or disease, or selecting any medication or other treatment. You should always consult with your physician or other healthcare professional before taking any medication or any type of supplement, or adopting any treatment for a health problem. You should carefully read all product packaging and instructions for the Services you purchase through the Company. If you have or suspect that you have a medical problem, you should immediately contact your healthcare provider. Never disregard professional medical or licensed healthcare provider advice nor delay in seeking professional advice because of your use of the Services. The use of any of the Company’s Services by you DOES NOT create a healthcare provider-patient relationship between you and any member, personnel or persons of the Company.
DISCLAIMERS
WE PROVIDE THE SERVICES AND ALL OTHER GOODS AND SERVICES ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING FROM THE COURSE OF DEALING OR OTHERWISE, AND INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE COMPANY’S SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF SERVICES. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.
You hereby agree to consult your physician and medical advisors before purchasing or using any of the Services.
Please note that prices and availability of the Services are subject to change without notice.
LIMITATION OF LIABILITY
To the fullest extent allowed by applicable law, you agree that the Company will not be liable to you or any other party for any indirect damages, or for any special, exemplary, punitive, incidental, consequential or other damages (including, but not limited to, lost profits or lost time), whether based on contract, tort, strict liability or otherwise, which arise out of or are in any way connected with any access to the Services or any viewing or use of any information on or through the Services including without limitation any damages that result from: (i) any delay, failure, interruption or corruption of the Services or any data or information transmitted in connection with the use of the Services; (ii) personal injury or death caused by use or misuse of the Services; (iii) the cost of procurement of substitute Services; (iv) unauthorized access to or alteration of the Services; (v) statements or conduct of any third party; or (vi) any other matter relating to the Services. In no event will the Company’s aggregate liability to you arising from or related to your use of the Services exceed the cost you paid us for the Services. You acknowledge that this paragraph shall apply to all content, products and services made available through the Services, the limitations in this paragraph are reasonable and appropriate because some jurisdictions do not allow limitation or exclusion of liability for indirect, incidental, special, consequential, exemplary or punitive damages, some of the above limitations may not apply to you. Except where prohibited by law, in no event will the Company be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if the Company has been advised of the possibility of such damages.
Any cause of action or claim you may have with respect to the Services (including but not limited to the purchase of the Services) must be commenced within twelve (12) months after the claim or cause of action arises.
INDEMNIFICATION
You shall indemnify, defend, and hold the Company, its subsidiaries, affiliates, officers, employers, directors, shareholders, predecessors, successors in interest, and other agents, harmless from and against any claim, demand, suit, cause of action, proceeding, loss, liability, damage or expense (including reasonable attorney fees) arising out of or related to your use of the Services, including, without limitation, any violations by you of the Terms.
ASSIGNMENT
We may assign these Terms in the event of any merger, acquisition, change in control or other similar transaction involving us or any of our affiliates.
GOVERNING LAW/JURISDICTION
These Terms and your access to and use of information from the Services are governed by the laws of the State of Michigan, without regard to any conflict of laws rules. All claims, suits, or causes of action arising out of or relating to these terms or the services will be litigated exclusively in the federal or state courts of Oakland County, Michigan, USA, and you and the Company consent to personal jurisdiction in those courts.
ENTIRE AGREEMENT
The Terms constitute the entire agreement between you and the Company regarding your use of the Services and your reproduction and use of any information from the Services. Any waiver of any term or condition of the Terms shall not be effective unless in a written document signed by an authorized representative of the Company. The Terms control the relationship between the Company and you. They do not create any third-party beneficiary rights. If you do not comply with the Terms, and the Company does not take action right away, this does not mean that the Company is giving up any rights that the Company may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.
CONTACT INFORMATION
Please address technical questions or comments about the Services to the Company’s business address at 2323 Fairway Dr., Birmingham, MI 48009.