Last Updated: September 30, 2020
1. PLEASE READ THIS LEGAL DOCUMENT CAREFULLY. TreVita, LLC, a Delaware limited liability company (“TreVita”, “we”, “us”, or “our”) provides medical tourism facilitation for persons seeking bariatric procedures in Latin America, related non-medical health and wellness services, and bariatric supplements through the TreVita website (www.trevita.com) and other affiliated sites (collectively, the “TreVita Sites”), through mobile, desktop, or device applications (including iOS and Android applications (the “App” or “TreVita App”)) and through TreVita-controlled social media pages (including on Facebook, Instagram, and Twitter). To make these Terms of Service (“Terms”) easier to read, the TreVita Sites, Apps, TreVita-controlled social media pages, and supplements are collectively called the “TreVita Service” or “the Services”. By registering for one of TreVita’s services or by visiting, browsing, or using the Trevita Service in any way, you (as a “user”) accept and agree to be bound by these Terms, which forms a binding agreement between you and TreVita.
PLEASE READ: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 20). READ CAREFULLY, INCLUDING YOUR RIGHT, IF APPLICABLE, TO OPT OUT OF ARBITRATION. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 20 BELOW, OR WHERE PROHIBITED BY LAW, BY ENTERING INTO THESE TERMS YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND TREVITA WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
If you do not wish to be bound by these Terms, you may not access or use the TreVita Service. Certain elements of the TreVita Service may be subject to additional terms and conditions specified from time to time; your use of those elements of the TreVita Service is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.
2. Sale of Products
a. If you make a purchase on any of the TreVita Services, your purchase will be subject to the terms of our Product Purchase and Return Policy, which is hereby incorporated into and made part of these Terms. Please review our Product Purchase and Return Policy before making any such purchase. By submitting payment information in connection with any such purchase, you agree to be bound by the terms of our Product Purchase and Return Policy.
b. Unfortunately, availability of products cannot be guaranteed. Please note that product, service and other information provided is subject to corrections and changes without notice. Graphics and diagrams are for illustrative purposes only and may not accurately reflect actual product availability. Colors, styles and other variants depicted are for illustration only and are subject to change. Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions.
c. Unless otherwise specified at the time of purchase, you must pay for products when you place the order. All products ordered will be delivered to the shipping address you provide. We reserve the right to cancel an order placed by you at any time and for any lawful reason prior to our delivery of the product(s) and receipt of payment in full from you, provided that we will refund any fees that you prepaid for those products if we cancel. We may send an acknowledgment of receipt of your order to the email address you provide and/or proof of purchase information through the TreVita Site or to your email address after your payment has been processed. Please see our Product Purchase and Return Policy for further information about TreVita products.
3. Who May Use the TreVita Service
a. Age Requirement. You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to register with and use the TreVita Service.
b. We may, in our sole discretion, refuse to offer the TreVita Service to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you, and the right to access and use the TreVita Service is revoked where these Terms or use of the TreVita Service is prohibited or conflicts with any applicable law, rule or regulation. Further, the TreVita Service is offered only for your personal, non-commercial use, and not for the use or benefit of any third party.
4. License to Use the TreVita Service
a. License. Subject to your compliance with these Terms and solely for so long as you are permitted by us to access and use the TreVita Service, TreVita grants you a limited, non-transferable, non-exclusive, revocable right and license to access and use the TreVita Service for your own personal, non-commercial purposes, a right which may not be assigned or sublicensed to anyone. This license includes the right to view Content (defined below) available on the TreVita Service and the right to download one copy of the App to any single device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. This license grant is subject to you agreeing to and abiding by the TreVita Intellectual Property and DMCA Policy (Section 19), which forms a part of these Terms. This license will remain in effect unless and until you violate these Terms or this license is terminated by you or TreVita.
b. Restrictions. Except as expressly permitted in writing by an authorized representative of TreVita, you will not reproduce, redistribute, sell, transfer, create derivative works from, decompile, reverse engineer, or disassemble the TreVita Service, nor will you take any measures to interfere with or damage the TreVita Service. Unless otherwise specified, copying or modifying any Content or using Content for any purpose other than your personal, non-commercial use of the TreVita Service, including use of any such Content on any other website or networked computer environment, is strictly prohibited. All rights not expressly granted by TreVita in these Terms are reserved.
5. Privacy
a. Our Privacy Policy forms a part of these Terms. Please review the Privacy Policy to learn about:
i. What information we may collect about you;
ii. What we use that information for; and
iii. With whom we share that information.
6. Links and Third Party Websites
a. Links on any of the TreVita Services to third party websites are provided only as a convenience to you. If you use these links, you will leave the Services. TreVita does not control or endorse any such third party websites. You agree that TreVita will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk.
b. Without limiting the foregoing, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the use of any of the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.
c. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. You agree to cooperate with us in causing any unauthorized linking within your control immediately to stop. We reserve the right to withdraw linking permission without prior notice.
7. Membership Requirements Registration
a. To enjoy full access to some of the TreVita Service, you must register as a member of the TreVita Service and enter into a subscription agreement for access to the TreVita App (a “Subscription”). Your Subscription is also governed by the Membership Terms. You must provide complete and accurate registration information to TreVita, complete the Subscription process, and notify us if any of your information changes. If you fail to keep your account information up to date, we may have to suspend or terminate your Subscription.
b. Profile Information and Picture. You may not use someone else’s name, or any name, location, other public profile information or image that violates any third party rights, is against the law, or that is offensive, obscene or otherwise objectionable (in TreVita’s sole discretion).
c. Account Security. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You may not allow others to use your account. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the TreVita Service. If you become aware of an unauthorized access to your account, change your password and notify our Support team immediately.
8. Membership Structure and Fees
a. TreVita will provide information on its then-current Subscription requirements on the TreVita Site and/or by other means through the TreVita Service. Features and prices are subject to change without prior notice.
9. Termination; Account Deletion
a. Term. These Terms begin on the date you first use the TreVita Service and continue as long as you have an account with us and/or continue to use the TreVita Service.
b. Termination. TreVita may, in TreVita’s sole discretion, suspend, disable, or delete your account (or any part thereof) or block or remove any User Content (defined below) that you submitted, for any lawful reason, including if TreVita determines that you have violated these Terms or that your conduct or User Content would tend to damage TreVita’s reputation or goodwill. If TreVita deletes your account, you may not re-register for or use the TreVita Service under any other user name or profile. TreVita may block your access to the TreVita Service to prevent re-registration.
c. Effect of Termination / Account Deletion. Upon termination of these Terms all licenses granted by TreVita will terminate. The following sections survive termination: Privacy (Section 5), Intellectual Property (Section 19), User Content (Section 10), No Warranties (Section 16), Limitation of Liability (Section 17), Not Healthcare Advice (Section 18), Indemnification (Section 14), Arbitration Requirement & Class Action Waiver (Section 20), Contracting Entities, Governing Law and Jurisdiction (Section 21), Interpretation; Severability; Waiver; Remedies (Section 22) and all general provisions. In the event of account deletion for any reason, User Content may no longer be available and TreVita is not responsible for the deletion or loss of such User Content. For clarity, if you cancel your Subscription or it is terminated for any reason, you will lose access to all Content or features provided through the TreVita Service. TreVita, in its sole discretion, may make available a very limited amount of the TreVita Services or features to non-subscribers from time to time, and any use of that Content is governed by these Terms.
10. User Content
a. “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the TreVita Service; and (ii) ”User Content” means any content that users (including you) provide to be made available through the TreVita Service. Content includes, without limitation, User Content.
b. Any User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with these Terms and with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the TreVita Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. To the full extent permitted by law, we make no representations, warranties or guarantees with respect to any Content that you access on or through the TreVita Service.
c. As between you and TreVita, you represent that you own (or have all rights necessary to grant TreVita the rights below to) all User Content that you submit to the TreVita Service, and that TreVita will not need to obtain licenses from any third party or pay royalties to any third party in order to use such User Content. You grant TreVita a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. You further grant all users of the TreVita Service permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to TreVita or through the TreVita Service about improving or adding new features or products to the TreVita Service or you otherwise provide feedback, product or service reviews or testimonials, you hereby grant to TreVita a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, modify, create derivative works based upon and otherwise exploit your suggestions, feedback, reviews and testimonials for any purpose (including for marketing), without any notice, compensation or other obligation to you.
d. You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the TreVita Service. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
11. Rights and Terms for Apps
a. Rights in App Granted. Subject to your compliance with these Terms, TreVita grants to you a limited non-exclusive, non-transferable, revocable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not:
i. copy, modify or create derivative works based on the App;
ii. distribute, transfer, sublicense, lease, lend or rent the App to any third party;
iii. reverse engineer, decompile or disassemble the App; or
iv. make the functionality of the App available to multiple users through any means.
b. TreVita reserves all rights in and to the App not expressly granted to you under these Terms.
c. Accessing App from an App Store. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
i. These Terms are between you and TreVita, and not with the App Provider, and TreVita (not the App Provider), is solely responsible for the App.
ii. The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
iii. In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of TreVita.
iv. The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to:
1. product liability claims;
2. any claim that the App fails to conform to any applicable legal or regulatory requirement; and
3. claims arising under consumer protection or similar legislation.
v. In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, TreVita will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
vi. The App Provider and its affiliates are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
vii. You represent and warrant that:
1. you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country;
2. you are not listed on any U.S. Government list of prohibited or restricted parties;
3. you are not an individual, or associated with an entity, designated under the UK’s Terrorist Asset-Freezing etc. Act 2010 (TAFA 2010); and
4. you are not otherwise subject to or affected in any way by any national security or terrorism related rules whether applicable to you personally or to your location or other circumstances.
viii. You must also comply with all applicable third party terms of service when using the App.
12. General Prohibitions and TreVita’s Enforcement Rights
a. You agree not to do any of the following:
i. Post, upload, publish, submit or transmit any User Content or engage in any activity that:
1. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
2. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
3. is fraudulent, false, misleading or deceptive;
4. is defamatory, obscene, pornographic, vulgar or offensive;
5. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
6. is violent or threatening or promotes violence or actions that are threatening to any person, animal, or entity;
7. exploits minors; or
8. promotes illegal or harmful activities or substances;
ii. Use, display, mirror or frame the TreVita Service or any individual element within the TreVita Service, TreVita’s name, any TreVita trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without TreVita’s express written consent;
iii. Access, tamper with, or use non-public areas of the TreVita Service, TreVita’s computer systems, or the technical delivery systems of TreVita’s providers;
iv. Attempt to probe, scan or test the vulnerability of any TreVita system or network or breach any security or authentication measures;
v. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by TreVita or any of TreVita’s providers or any other third party (including another user) to protect the TreVita Service or Content;
vi. Bypass any territorial restrictions, including IP address-based restrictions, that may be applied to the TreVita Service;
vii. Attempt to access, scrape or search the TreVita Service or Content or download Content from the TreVita Service, including through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools, plugins, add-ons or the like), other than the software and/or search agents provided by TreVita or other generally available third-party web browsers;
viii. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
ix. Use any meta tags or other hidden text or metadata utilizing a TreVita trademark, logo URL or product name without TreVita ‘s express written consent;
x. Use the TreVita Service or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms or permitted expressly in writing by TreVita;
xi. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the TreVita Service or Content to send altered, deceptive or false source-identifying information;
xii. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the TreVita Service or Content;
xiii. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the TreVita Service;
xiv. Collect or store any personally identifiable information from the TreVita Service from other users of the TreVita Service without their express permission;
xv. Copy, use, index, disclose or distribute any information or data obtained from the TreVita Service, whether directly or through third parties (such as search engines), without TreVita ‘s express written consent;
xvi. Alter, replicate, store, distribute or create derivatives from the Content available via the TreVita Service except as expressly permitted in writing by TreVita;
xvii. Impersonate or misrepresent your affiliation with any person or entity;
xviii. Access, use or exploit the TreVita Service in any manner (other than as expressly permitted by these Terms), including to build, develop (or commission the development of), replicate, or consult upon any product or service that may compete (directly or indirectly) with TreVita or the TreVita Service;
xix. Violate any applicable law or regulation; or
xx. Encourage or enable any other individual to do any of the foregoing.
b. Although we’re not obligated to monitor access to or use of the TreVita Service or Content or to review or edit any User Content, we have the right to do so for the purpose of operating the TreVita Service, to ensure compliance with these Terms, to comply with applicable law or other legal requirements and to maintain the integrity and reputation of the TreVita Service and TreVita’s systems. We reserve the right, but are not obligated, to remove or disable access to any User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the TreVita Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
13. Dealings with Third Parties
a. Your participation, correspondence or personal or business dealings with any third party found on or through the TreVita Service, whether regarding payment or delivery of specific goods and services, donations or fundraisers, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that TreVita is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings.
14. Indemnification
a. You agree to indemnify, defend, and hold harmless TreVita and its directors, officers, employees, and agents, from and against all claims, damages, losses and costs that arise from or relate to
i. your activities on the TreVita Service;
ii. any User Content submitted by or on behalf of you; or
iii. your violation of these Terms.
15. Third Party Links and Content
a. There may be links on the TreVita Service that let you leave the particular TreVita Service you are accessing in order to access a linked site that is operated by a third party. TreVita neither controls nor endorses these sites, nor has TreVita reviewed or approved the content that appears on them. TreVita is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any such third party sites. You acknowledge and agree that TreVita is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of any of the links, content, goods or services available on or through these third party sites.
16. No Warranties
a. TreVita reserves the right to modify the TreVita Service, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any Content or features of the TreVita Service, at any time, in its sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the TreVita Service. TreVita has no obligation to screen or monitor any Content and does not guarantee that any Content available on the TreVita Service is suitable for all users or that it will continue to be available for any length of time.
b. TreVita provides the TreVita Service on an “AS IS” and “AS AVAILABLE” basis. You therefore use the TreVita Service at your own risk. Other than as expressly provided in writing by TreVita in connection with your purchase of a TreVita product, to the extent permitted by law, TreVita expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment and any other warranty that might arise under any law. Without limiting the foregoing, TreVita makes no representations or warranties:
i. That the TreVita Service is or will be permitted in your jurisdiction;
ii. That the TreVita Service will be uninterrupted or error-free;
iii. Concerning any Content, including User Content;
iv. Concerning any third party’s use of User Content that you submit;
v. That the TreVita Service will meet your personal or professional needs;
vi. That TreVita will continue to support any particular feature of the TreVita Service; or
vii. Concerning sites and resources outside of the TreVita Service, even if linked to or from the TreVita Service.
c. To the extent that another party may have access to or view Content on your device, you are solely responsible for informing such party of all disclaimers and warnings in these Terms. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE TREVITA SERVICE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
17. Limitation of Liability
a. To the fullest extent permitted by law:
i. TreVita shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, economic or pure economic losses, goodwill, use, data, service interruption, computer damage, system failure, inability to use the TreVita Service or Content or other intangible losses, even if a limited remedy set forth herein is found to have failed its essential purpose;
ii. In the event TreVita is found liable to you for any damages whatsoever, you hereby agree that such damages shall apply to TreVita, LLC only and not to any other subsidiary, parent company, affiliate, officer, director, member, manager, managing member, employee, agent, or related party of TreVita, LLC, regardless of TreVita’s relationship with any of the foregoing persons or entities.
iii. TreVita’s total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to TreVita over the 12 months preceding the date your first claim(s) arose.
b. If you live in a jurisdiction that does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation does not apply to you. To the extent that one or any aspect of TreVita’s limitations set out above does not apply, all remaining aspects survive. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between TreVita and you.
18. Not Healthcare Advice
a. TreVita Service is not intended to provide medical advice, diagnosis or treatment. The products, information, services and other content provided on and through the Services, including information that may be provided on the Services directly or via linking to third-party sites by a healthcare or nutrition professional, are provided for informational and entertainment purposes only. Please consult with your physician or other healthcare professional (collectively, “Healthcare Professional”) regarding any medical or health-related diagnosis or treatment options. You should not rely on the TreVita Service as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Do not disregard, avoid or delay obtaining medical or health related advice from your Healthcare Professional because of something you may have read on the TreVita Site or heard on or in connection with the TreVita Service.
b. Nothing stated or posted on the TreVita Site or available through any TreVita Service is intended to be, and must not be taken to be, the practice of medicine or counseling care. For purposes of these Terms, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis or advice. The TreVita Service is continually under development and, to the full extent permitted by law, TreVita makes no warranty of any kind, implied or express, as to its accuracy, completeness, or appropriateness for any purpose. In that regard, developments in medical research may impact the health, fitness and nutritional advice that appears here. No assurance can be given that the advice contained in the TreVita Service will always include the most recent findings or developments with respect to the particular material.
c. The products and the claims made about specific products on or through the TreVita Services have not been evaluated by the United States Food and Drug Administration and are not intended to diagnose, treat, cure or prevent disease. The information provided on the Services is for informational purposes only and is not intended as a substitute for advice from your physician or other Healthcare Professional or any information contained on or in any product label or packaging. You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should consult with a Healthcare Professional before starting any diet, exercise or supplementation program, before taking any medication, or if you have or suspect you might have a health problem.
d. None of the TreVita Services are not intended to provide medical advice, diagnosis or treatment. The products, information, services and other content provided on and through any of the Services, including information that may be provided on any of the Services directly or via linking to third-party sites by a healthcare or nutrition professional, are provided for informational purposes only. Please consult with your Healthcare Professional regarding any medical or health-related diagnosis or treatment options. The information provided on any of the Services, including information relating to medical and health conditions, products and treatments, is often provided in summary or aggregate form. Again, it is not intended as a substitute for advice from your Healthcare Professional, or any information contained on or in any product label or packaging.
e. You should not use the information or services on any of the TreVita Services for diagnosis or treatment of any health issue or for prescription of any medication or other treatment. You should always consult with your Healthcare Professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before using any medication or nutritional, herbal or homeopathic product, before starting any diet or exercise program or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product. You should also consult your Healthcare Professional regarding any interactions between any medication you are currently taking and nutritional supplements. The TreVita employees are encouraged to voluntarily participate in our forums including describing their experiences with specific products. Any comments made by employees in these forums or in reviewing products are strictly their own personal views made in their personally capacity. These comments are not claims made by TreVita nor do they represent the view or position of TreVita or any Healthcare Professional.
19. TreVita Intellectual Property and DMCA Policy
a. TreVita respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Content does not infringe any third party’s right or other intellectual property rights. If you believe that the TreVita Service or any Content contains elements that infringe or misappropriate your copyrights or other intellectual property rights (or the intellectual property rights of others), please contact us at [email protected].
b. As between you and TreVita, TreVita owns the TreVita Service, the Content, Trademarks (as defined below), copyrights, patents, and any other audio-visual or static content, photographs, audio, images, illustrations, graphics, software, features, code, data, materials and information displayed on or otherwise made available through the TreVita Service, other than content that has been licensed to us by third parties (collectively, “TreVita IP”). This includes all intellectual property and proprietary rights in and to such TreVita IP. As a reminder, the TreVita Service is only for your personal, non-commercial use.
c. The TreVita name, logos and affiliated properties, designs, trademarks, service marks, trade names and trade dress (collectively, “Trademarks”) are the exclusive property of TreVita, whether registered or unregistered, and may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Nothing contained on the TreVita Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our Trademarks or other intellectual property without our express prior written consent. Any other trademarks appearing on the TreVita Service are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content that they make available through the TreVita Service. All rights not expressly granted in these Terms are reserved.
d. Only TreVita and its authorized licensees may use the Content and/or Trademarks in advertising, promotional, and marketing assets or materials or for any other commercial purpose. Any permitted use must at all times be made in accordance with the agreement between licensee and TreVita and must adhere to the following requirements:
i. The Content and/or Trademarks are not modified or combined with other marks in any way, including, but not limited to changing the color, ratio, audio, audio-visual, font or materials captured or contained therein.
ii. Include attributions as required by TreVita.
iii. Such use presents TreVita, the Content, and our products, services and brand in a favorable light.
iv. The Trademarks or TreVita name are not part of the service or product name or domain names or websites, nor are any variations, abbreviations or formative uses, phonetic equivalent, or foreign language translations.
v. The “TreVita” word mark appears less prominently than the name of your service or product.
vi. Any reference to TreVita and/or the Content or our services and products must not appear to endorse, sponsor, show an affiliation with or association between TreVita and/or the Content or our services and products and you or your products and services.
e. Any unauthorized use of our Trademarks or Content is strictly prohibited.
f. Merchandise/Goods. You may not produce, manufacture or sell merchandise, products or services incorporating any TreVita Trademarks. Examples include but are not limited to t-shirts, jackets, mugs, bags, and flags.
g. Except as expressly permitted by TreVita, you may not download, display, copy, distribute, modify, perform, transfer, use, license, sublicense, create derivative works from, sell or otherwise exploit any TreVita IP. Additionally, you are not permitted to alter, delete or conceal in any manner any copyright, Trademark, or other notices contained on the TreVita Service, including, without limitation, notices on any Content you transmit, display, print, stream, or interact with on the TreVita Service. Any unauthorized or prohibited use of any TreVita IP may violate or infringe copyrights or other intellectual property laws of the United States and other countries, as well as applicable local and state laws, and may subject you to liability for such unauthorized use.
h. TreVita retains all right, title and interest in and to the TreVita IP, and except for the limited rights and licenses granted to you under the Terms, nothing shall be construed to restrict, impair, encumber, license, alter, deprive or adversely affect the TreVita IP, or any of TreVita’s rights or interests therein.
20. ARBITRATION REQUIREMENT & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS MAY AFFECT YOUR LEGAL RIGHTS. APPLICABLE TO THE FULL EXTENT PERMITTED BY LAW.
a. Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and TreVita agree that the U.S. Federal Arbitration Act (or equivalent laws in the State of California) governs the interpretation and enforcement of these Terms and that you and TreVita are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
b. Exceptions and Opt-out. As limited exceptions to Section 21(a) above:
i. you may seek to resolve a Dispute in small claims court if it qualifies; and
ii. we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our respective intellectual property rights.
c. Initial Dispute Resolution and Notification. You agree that before initiating any Dispute or arbitration proceeding, we will attempt to negotiate an informal resolution of any dispute. To begin this process, before initiating any arbitration proceeding, you must send a Notice of Dispute (“Notice”) by certified mail to the attention of TreVita’s Legal Department at the TreVita address set out in Section 24 below. In the Notice, you must describe the nature and basis of the Dispute and the relief you are seeking. If we are unable to resolve the Dispute within 45 days after TreVita’s receipt of the Notice, then you or TreVita may initiate arbitration proceedings as set out below.
d. Conducting Arbitration and Arbitration Rules. Any arbitration will be conducted by JAMS pursuant to its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) then in effect, except as modified by these Terms. The JAMS Rules are available at www.jamsadr.com or by calling 1-800-352-5267. A party who wishes to start arbitration must submit a written Demand for Arbitration to JAMS and give notice to the other party as specified in the JAMS Rules. JAMS provides a form Demand for Arbitration at www.jamsadr.com. JAMS will appoint an arbitrator that is either
i. a retired federal or state court judge, or
ii. an attorney who has been licensed to practice law in the State of California for at least 10 years. The arbitration will be conducted by an in-person hearing, unless we both agree otherwise.
e. If JAMS fails or declines to conduct the arbitration for any reason, we will mutually select a different arbitration administrator. If we cannot agree, a court will appoint a different arbitration administrator.
f. Any arbitration hearings will take place in San Diego, California, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement. During the arbitration, both you and TreVita may take one deposition of the opposing party, limited to 4 hours. If we cannot agree on a time and location for a deposition, the arbitrator will resolve any scheduling disputes.
g. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.
h. Class Action Waiver. YOU AND TREVITA AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, neither JAMS nor the arbitrator may not consolidate another person’s claims with your claims or otherwise preside over any form of a representative or class proceeding for any purpose. If this specific provision is found to be unenforceable, then the entirety of this Section 20 shall be null and void.
i. Effect of Changes on Arbitration. Notwithstanding the provisions of Section 25 “Modification”, if TreVita changes any of the terms of this Section 20 after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), 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 “Last Updated” date above. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and TreVita in accordance with the terms of this Section 20 as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
j. Severability. With the exception of any of the provisions in Section 20(h) above, if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
21. Contracting Entities, Governing Law and Jurisdiction
a. All users are contracting only with TreVita, LLC unless otherwise specified in these Terms.
b. These Terms shall be governed by the laws of the State of California, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
c. The exclusive jurisdiction for all Disputes that are not required to be arbitrated will be the state and federal courts located in San Diego, California, United States of America, and you consent to the jurisdiction of those courts.
22. Interpretation; Severability; Waiver; Remedies
a. Headings are for convenience only and shall not be used to construe these Terms. If any term of these Terms is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from these Terms. No failure or delay by TreVita in exercising any right hereunder will waive any further exercise of that right. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of TreVita. TreVita’s rights and remedies hereunder are cumulative and not exclusive.
23. Successors; Assignment; No Third Party Beneficiaries
a. These Terms are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer these Terms without TreVita’s prior written consent. TreVita may assign its rights, obligations and/or these Terms at any time in its sole discretion without notice to you.
24. Notices
a. You consent to receive all communications including notices, agreements, disclosures, or other information from TreVita electronically. TreVita may communicate by email or by posting to the TreVita Service. For support-related inquiries, you may email Support ([email protected]). For all other notices to TreVita, write to the following addresses:
TreVita, LLC 530 B Street, Suite 2300 San Diego, CA 92101 USA Attn: Legal Department
b. Nothing in these Terms or otherwise limits TreVita’s right to object to subpoenas, claims, or other demands.
25. Modification
a. We may update these Terms at any time, in our sole discretion. If we do so, we’ll let you know by, at a minimum, posting the updated Terms (as indicated by a revised “Last Updated” date at the top of this page) on the TreVita Site and/or through the TreVita Service. Modifications will be effective on the date that they are posted to the TreVita Site. It’s important that you review the Terms whenever we update them before you use the TreVita Service. If you continue to use the TreVita Service after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in Section 20(i) “Effect of Changes on Arbitration,” you may not use the TreVita Service anymore. Because the TreVita Service is evolving over time we may change or discontinue all or any part of the TreVita Service, at any time and without notice, at our sole discretion.
26. Entire Agreement
a. These Terms incorporate the following legal documents by reference, as well as any other policies or procedures referenced herein that are posted to the TreVita Site or delivered to users via other mediums from time to time:
i. Privacy Policy
ii. App Membership Terms
iii. Product Purchase and Return Policy
iv. Medical Services Facilitation Agreement] [Confirm References]
b. In the event of a conflict between any policies posted on the TreVita Service and these Terms, these Terms will control. These Terms represents the entire understanding between TreVita and you regarding the TreVita Service or Content and supersede all prior agreements and understandings regarding the same. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
27. Force Majeure
a. Neither Party shall be liable for any failure or delay in performance under these terms (other than for delay in the payment of money due and payable in accordance with these terms) for causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God”, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing Party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-conforming Party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures or other means. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
