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Terms & Conditions 

IMPORTANT NOTE: The website located at www.r2twellness.com (the

“Website”) is a copyrighted work belonging to Revive 2 Thrive Wellness

LLC (“Practice”, “we”, “our”, or “us”). By using this Website and/or reading

or commenting on this Website’s content, e-mails, social media, videos, and

other products accessed or available through this Website, you are voluntarily

agreeing to these Terms & Conditions, and you are legally agreeing that you

have read, understand, and fully consent to the terms below. Certain features

of the Website may be subject to additional guidelines, policies, terms, or

rules, which will be posted on the Website in connection with such features.

All such additional terms, guidelines, and rules—including, but not limited

to, the Privacy Policy and Disclaimer—are incorporated by reference into

these Terms & Conditions. If you have any questions about any of these

Terms & Conditions, please do not hesitate to contact us at

info@r2twellness.com before using this Website.

You must be eighteen (18) years old and have the legal ability to agree to

these Terms & Conditions; thus, if you are under the age of eighteen (18) or

you do not agree to the terms below, STOP now and do not proceed. By

accessing or using Practice’s Website, you agree to these Terms &

Conditions below.

 

Terms & Conditions

Our Website is owned and operated by Practice. The terms “you” or “yours”

refer to the user of our Website. These Terms & Conditions (“Terms”) set

forth how you may use our Website and its content (what content you can

share with others and what content you cannot disclose), security, intellectual

property rights, and other terms of use.

Please read these Terms carefully. We reserve the right to change these

Terms without notice at any time, and by using our Website, you are agreeing

to the Terms as they appear, whether or not you have read them thoroughly,

or even at all. If you do not agree with these terms, please stop now and do

not use this Website, programs, products or services.

 

Practice reserves the right to terminate the Terms and to modify or

discontinue this Website, including any features herein, at any time with or

without notice to you. We shall not be liable to you or any third party should

Practice exercise such right.

You understand and agree that temporary interruptions of the services

available through this Website may occur as normal events. You further

understand and agree that Practice has no control over third-party networks

that you may access in the course of using this Website, and, therefore,

delays and disruption of other network transmissions are completely beyond

Practice’s control.

You understand and agree that the services available on this Website are

provided “AS IS” and that Practice assumes no responsibility for the

timeliness, deletion, misdelivery, or failure to store any user communications

or personalization settings.

Please also review our Privacy Policy because it contains important

information regarding the collection, use, ability to disclose, and protection of

information you provide to us via the Website. Agreement to the Terms,

includes agreement to our Privacy Policy, which is incorporated herein by

reference.

 

Your Use and Consent.

By using this Website, you are agreeing to act in accordance with these

Terms, our Privacy Policy, Disclaimer, and any other terms and conditions

that may apply to our Website, programs, products, and services available

through our Website or from us. This Website and all of our programs,

products, and services are intended solely for users who are age eighteen (18)

and older. Any registration by, use of or access to any program, product, or

service or our Website by anyone under age 18 is unauthorized, unlicensed

and in violation of these Terms. By accessing or using our programs,

products, or services or our Website, you represent and warrant that you are

18 years or older and that you are able to enter into a contract and agree to

and to abide by all of our Terms.

 

Medical Warning.

This Website has been created to provide information about functional health

care services and is for general informational purposes regarding functional

health care that should never be construed as medical advice for any person,

including patients of the Practice. Nothing on this Website is intended to

substitute for professional medical advice, diagnosis, or treatment.

Intellectual Property Rights.

Our Website, programs, products, and services and all the materials available

on or through it are property solely owned by Practice, and are protected by

copyright, trademark, and other intellectual property laws. This material

includes, but is not limited to, the design, layout, look, appearance, and

graphics. You are only permitted to use the content as expressly authorized

by Practice. You may not copy, reproduce, modify, republish, upload, post,

transmit, or distribute any documents or information from this Website in any

form or by any means without express written permission from Practice, and

you are solely responsible for obtaining permission before reusing any

copyrighted material that is available on this Website. Any unauthorized use

of the materials appearing on this Website may violate copyright, trademark,

and other applicable laws and could result in criminal or civil penalties.

Practice does not warrant or represent that your use of materials displayed on,

or obtained through, this Website will not infringe the rights of third parties.

See “User’s Materials” below for a description of the procedures to be

followed in the event that any party believes that content posted on this

Website infringes on any patent, trademark, trade secret, copyright, right of

publicity, or other proprietary right of any party.

Any trademarks, taglines, and logos displayed on the Website are trademarks

belonging to Practice. Any trademarks reproduced on this Website, which are

not the property of, or licensed to Practice, are property of their respective

owners. Any use, including framing, meta tags or other text utilizing these

trademarks, or other trademarks displayed, is strictly prohibited without our

express written consent.

Each time you submit any User Materials (as explained further below), you

represent and warrant that you are at least the age of majority in the state in

 

which you reside and are the parent or legal guardian, or have all proper

consents from the parent or legal guardian, of any minor who is depicted in or

contributed to any User Materials you submit, and that, as to that User

Material, (a) you are the sole author and owner of the intellectual property

and other rights to the User Material, or you have a lawful right to submit the

User Material and grant Practice the rights to it that you are granting by these

Terms and any additional terms, all without any obligation on our part to

obtain consent of any third party and without creating any obligation or

liability of Practice; (b) the User Material is accurate; (d) the User Material

does not and, as to Practice’s permitted uses and exploitation set forth in

these Terms, will not infringe any intellectual property or other right of any

third party; and (e) the User Materials will not violate these Terms or any

additional Terms, or cause injury or harm to any person.

Practice has no obligation to monitor or enforce your intellectual property

rights to your User Materials, but you grant Practice the right to protect and

enforce its rights to your User Material, including by bringing and controlling

actions in your name and on your behalf (at Practice’s cost and expense, to

which you hereby consent and irrevocably appoint Practice as your attorney-

in-fact, with the power of substitution and delegation, which appointment is

coupled with an interest).

 

User’s Materials.

Subject to Practice’s Privacy Policy, any communication or material that you

transmit to this Website or to Practice, whether by electronic mail or other

means, for any reason, will be treated as nonconfidential and nonproprietary.

While you retain all rights in such communications or material, you grant

Practice and its designated licensees a nonexclusive, royalty-free, fully paid,

perpetual, and worldwide right to copy, distribute, display, perform, publish,

translate, adapt, modify, and otherwise use such material.

Please do not submit confidential or proprietary information to Practice

unless we have mutually agreed in writing otherwise. Practice is also unable

to accept your unsolicited ideas or proposals, so please do not submit them to

Practice under any circumstance.

 

Practice respects the intellectual property of others and asks you to do the

same. If you or any user of this Website believes its copyright, trademark, or

other property rights have been infringed by a posting on this Website, you or

the user should send notification to Practice immediately. To be effective,

the notification must include:

1. A physical or electronic signature of a person authorized to act on

behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been

infringed;

3. Information reasonably sufficient to permit Practice to contact the

complaining party, such as address, telephone number and, if

available, an electronic mail address at which the complaining party

may be contacted;

4. Identification of the material that is claimed to be infringing or to be

subject to infringing activity and that is to be removed and

information reasonably sufficient to permit Practice to locate the

materials;

5. A statement that the complaining party has a good faith belief that

use of the material in the manner complained of is not authorized by

the copyright owner, agent, or the law; and

6. A statement that the information in the notification is accurate and,

under penalty of perjury, that the complaining party is authorized to

act on behalf of the owner of an exclusive right that is allegedly

infringed.

 

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c),

Practice’s Designated Agent for notice of claims of copyright infringement

can be reached as indicated below. Service of repeat infringers of copyright

or of users about whom repeat claims of copyright infringement are received

will be terminated.

 

Designated Agent for Claimed Infringement:

LegalCorp Solutions, LLC.

Links to External Websites or Use of Social Media.

From time to time this Website may also include links to other websites or to

social media sites. These links are provided for your convenience to provide

further information and to allow you to visit other website(s) of interest

easily. However, once you have used these links to leave our Website, you

should note that we do not have any control over their website or social

media sites. Therefore, we cannot be responsible for the protection and

privacy of any information that you provide while visiting such sites or social

media, and such sites and social media sites, even if operated by us are not

governed by these Terms.

Likewise, if our Website is linked or referenced in someone else’s website or

social media, we are not liable for any information provided on or through

their website or social media as it is not under our control in any way

whatsoever. We accept no liability for any of the views, facts, opinions, or

references in our or their Website whatsoever. Information posted on this

Website related to or linked to a third party website, may express a

perspective which may or may not necessarily reflect our views.

You should exercise caution and look at the privacy statement of the website

or social media sites you are visiting or using. Use of external links to other

sites or social media does not signify that we endorse them. Practice bears no

responsibility for the content of the linked website(s) or social media

websites.

Your Conduct.

You must not use our Website in any way that causes or is likely to cause

access to it to be interrupted, damaged or impaired in any way and you must

use it for lawful purposes only. You understand that you are solely

responsible for all electronic communications and content sent from your

computer to Practice by you. You may not use our website or any aspect

related to it in any of the following ways:

 

ï‚· To conduct activity with fraudulent purposes or in connection with a

criminal offense or to otherwise carry out any unlawful activity;

ï‚· To send, use or re-use any material that is illegal, offensive, abusive,

indecent, harmful, defamatory, obscene or menacing, abusive,

threatening, defamatory, objectionable, invasive of privacy, in breach

of confidence, infringing of any intellectual property rights, or is

otherwise injurious to third parties, or which consists of or contains

software viruses or any other harmful or similar computer code

designed to adversely affect the operation of any computer software or

hardware, commercial solicitation, chain letters, mass mailings or any

spam;

ï‚· To cause annoyance, inconvenience or needless anxiety to anyone or

anything;

ï‚· To impersonate any third party or otherwise mislead as to the origin of

your content; or

ï‚· To reproduce, duplicate, copy or resell any of our content in

contravention with these Terms, our Disclaimer, or any other

agreement that you may have with us.

You specifically acknowledge and agree that Practice is not liable for any

defamatory, offensive or illegal conduct of any other Website participant or

user. You agree to indemnify, defend, and hold Practice harmless from all

liabilities, claims, and expenses, including attorneys’ fees and costs, that arise

from your use or misuse of the Website. Practice reserves the right, at its

own expense, to assume the exclusive defense and control of any matter

otherwise subject to indemnification by you, in which event you will

cooperate with Practice in asserting any available defenses.

Disclaimer.

You are aware that you have the right to consult an attorney prior to using our

Website or purchasing any program, product, or service from or through us.

Practice is not responsible for your personal actions or choices before, during

or after use of our Website. Notwithstanding any limitations by law, your

misuse or non-use of this information is at your own risk, and you absolve

Practice of any liability or loss that you, your business, or your family,

children or heirs (if applicable) or any other person, may incur. Additionally,

notwithstanding the limitations of law, you acknowledge that you are using

your own due diligence and assessment of risk when it comes to making your

 

own decisions, and you are voluntarily making those decisions with the full

awareness that there may be risk involved.

Any testimonials or examples shown through Practice’s Website are truthful

reports stated by real people (not actors), and do not guarantee or promise in

any way that you might achieve the same outcome as each situation varies.

Every effort has been made to present you with the most accurate, up-to-date

information with attention and care. However, because information is

constantly evolving, Practice cannot guarantee the accuracy of the content of

our Website or that any or all related information is completely current or

applies to you specifically. You acknowledge that such information and

materials in our Website or our programs, products, or services may contain

inaccuracies or errors and Practice expressly excludes liability for any such

inaccuracies or errors to the fullest extent permitted by law and that Practice

is not obligated to inform you of any updates or changes as they occur.

We try to ensure that our Website availability is uninterrupted and error-free.

However, Practice cannot guarantee that your access will not be suspended or

restricted from time to time, including to allow for repairs, maintenance or

the introduction of new services, although, of course, we will try to limit the

frequency and duration of any suspension or restriction. Neither will Practice

nor any third parties provide any warranty or guarantee as to the accuracy,

timeliness, performance, completeness or suitability of the information and

materials found or offered through our Website for any particular purpose.

In addition, although this Website may be accessible worldwide, Practice

makes no representation that materials on this Website are appropriate or

available for use in locations outside the United States, and accessing them

from territories where their contents are illegal is prohibited. Those who

choose to access this Website from other locations do so on their own

initiative and are responsible for compliance with local laws. Any offer for

any product, service, and/or information made in connection with this

Website is void where prohibited.

Exclusive Remedy.

 

If you are dissatisfied with your use of this Website or the Terms, your sole

and exclusive remedy is to cease use of this Website.

NO WARRANTY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,

THE WEBSITE AND CONTENT (INCLUDING USER SUBMISSIONS)

ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY

KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT

LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-

INFRINGEMENT. WE MAKE NO WARRANTY OF ANY KIND,

IMPLIED OR EXPRESS, AS TO THE ACCURACY, COMPLETENESS

OR APPROPRIATENESS OF OUR WEBSITE, INCLUDING THE

PRODUCTS OR SERVICES AVAILABLE FOR PURCHASE THEREIN,

FOR ANY PURPOSE.

LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN

NO EVENT SHALL PRACTICE BE LIABLE FOR ANY DAMAGES OF

ANY KIND ARISING FROM YOUR USE OF, OR INABILITY TO USE,

THIS SITE OR CONTENT OR ANY SITE OR CONTENT LINKED FROM

THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,

INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR

CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO,

ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR

LOSS OF PROGRAMS OR OTHER DATA, EVEN IF WE ARE

EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION OF LIABILITY APPLIES TO ALL CAUSES OF

ACTION, WHETHER BASED IN CONTRACT, WARRANTY, TORT, OR

ANY OTHER LEGAL THEORIES. SOME JURISDICTIONS DO NOT

ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR

CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE

EXCLUSION MAY NOT APPLY TO YOU.

Confidentiality and Security.

To use our Website, we may seek personal data or information, including

your name, e-mail address, phone number, street address, billing information,

 

interests, or other personally-identifying information (“Personal

Information”), or you may offer or provide a comment, photo, image, video,

or any other submission to us when using or participating in our Website

(“Other Information”).

By providing such Personal Information or Other Information to us, you

grant us permission to use and store such information. We, in turn, will use

our best efforts to keep your Personal Information safe, secure, and

confidential in accordance with these Terms and our full Privacy Policy that

may be found on our Website. Practice has reasonable security measures in

place to prevent the loss, misuse, and alteration of the information that is

obtained from you, but we make no assurances about our ability to prevent

any such loss, misuse, to you or to any third party arising out of any such

loss, misuse, or alteration. However, due to the nature of the Internet, we

cannot completely ensure or warrant the security of any information

transmitted to us or through our Website and, therefore, it is done at your

own risk. If you believe that any of your Personal Information is incorrect or

incomplete, please contact us as soon as possible. We will promptly correct

any Personal Information found to be incorrect.

You agree, however, that whenever you make your Personal Information or

Other Information available for viewing by others, such as through our

Website, the Personal Information or Other Information that you share also

can be seen, collected and used by others and, therefore, we cannot be

responsible for any unauthorized use by others of such Personal Information

or Other Information that you voluntarily share online or in any other

manner.

Termination.

Practice reserves the right in our sole discretion to refuse or terminate your

access to the Website, in full or in part, at any time without notice. In the

event of cancellation or termination, you are no longer authorized to access

the part of the Website affected by such cancellation or termination. The

restrictions imposed on you in these Terms with respect to the Website will

still apply now and in the future, even after termination by you or us.

Jurisdiction/Governing Law.

 

This Website (excluding any linked sites) is controlled by Practice from its

offices within the State of Florida, United States of America. It can be

accessed from all fifty states, as well as from other countries around the

world. As each of these places has laws that may differ from those of

Florida, by accessing this Website, Practice and you both agree that the

statutes and laws of the State of Florida, without regard to the conflict of laws

principles thereof, will apply to all matters relating to the use of this Website.

Practice and you both agree and submit to the exclusive personal jurisdiction

and venue of the state and federal courts sitting in Lee County, Florida, as

applicable, with respect to such matters and any other dispute relating to the

Website. In any action to enforce these terms, the prevailing party will be

entitled to attorneys’ fees and costs. Any cause of action brought by you

against Practice or its affiliates must be instituted within one year after the

cause of action arises or be deemed forever waived and barred.

Severability.

If any part of these Terms is held invalid or unenforceable, that portion shall

be construed in a manner consistent with applicable law to reflect, as nearly

as possible, the original intentions of the parties, and the remaining portions

shall remain in full force and effect.

Waiver.

Any failure by Practice to enforce or exercise any provision of these terms or

related rights shall not constitute a waiver of that right or provision.

Miscellaneous.

You may not assign your rights or obligations under these Terms to any third

party and any purported attempt to do so shall be null and void. Practice may

freely assign its rights and obligations under these Terms.

You agree not to sell, resell, reproduce, duplicate, copy, or use for any

commercial purposes any portion of this Website without written permission

from Practice.

These Terms shall not be construed more strictly against any party regardless

of who is responsible for their drafting. Unless the context of these Terms

otherwise clearly requires, references to the plural include the singular and

 

the singular include the plural. Wherever the context so requires, the

masculine shall refer to the feminine, the feminine shall refer to the

masculine, the masculine or the feminine shall refer to the neuter, and the

neuter shall refer to the masculine or the feminine.

The captions of these Terms are for convenience and ease of reference only

and in no way define, describe, extend, or limit the scope or intent of these

Terms.

By viewing this Website, you agree to not engage in any conduct or

communications in a public setting, including social media, designed to, or

that in fact, disparage Practice, our Website, programs, products, or services.

Should you have concerns or questions about this Website or our programs,

products, or services, you are to contact us directly at info@r2twellness.com.

Where required by law, of course, you are not prohibited from sharing your

thoughts and opinions as a part of the legal process.

If you have any questions about any of these Terms, please contact Practice

at info@r2twellness.com.

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