TERMS AND CONDITIONS – GENERAL
Terms and Conditions
You should assume that all materials, content, designs, text, and images (collectively, the “Materials”) contained in the Site are either the copyrighted property of Percolate or its affiliates or are the copyrighted property of third parties. Percolate neither represents nor warrants that your use of the Materials will not infringe the rights of third parties not owned by or affiliated with Percolate.
You may download one (1) single hard copy of Materials displayed on the Site for non-commercial, personal use only, provided, however, you do not delete or modify the copyright, trademark, and other proprietary notices contained on the Materials. You may not modify, alter or change any Materials or distribute, publish, transmit, reuse, re-post or use the content of the Site for public or commercial purposes, including, without limitation, the text, images, audio and video.
Unauthorized use of the Materials is strictly prohibited and is a violation of the rights of Percolate, its affiliates, and/or third parties, including, without limitation, under copyright laws, trademark laws, the laws of privacy and publicity.
While Percolate uses reasonable efforts to include accurate and up to date information on the Site, we make no warranties or representations as to the accuracy, correctness, and reliability of such information. Percolate makes no representations that the Materials presented on this Site are appropriate or available for use in countries other than the United States. Those who do access this Site from other countries are solely responsible for compliance with the local laws of that country. Moreover, Percolate does not assume any liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) contained in the Material contained in the Site.
All offers set forth on the Site are void where prohibited, and are subject to the posting of any official rules pertaining to such offers.
Information on the Site is subject to change without notice. Information regarding Percolate’s products and services is applicable only in the United States, unless otherwise expressly noted. Certain Percolate-brand products and services may not be available in certain territories.
Use of and browsing on the Site is done at user’s own risk. Neither Percolate nor any other party involved in creating, producing or delivering the Site shall be liable for any direct, incidental, special, consequential, indirect or punitive damages arising out of user’s access to, or use of, or browsing the Site, or downloading of any materials, data, text, images, video or audio from the Site, including, without limitation, damage to, or viruses that may infect, your computer equipment or other property as a result thereof. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
From time to time, Percolate may ask that you transmit to the Site, by e-mail, your feedback on its products and/or services. Any communication or material you transmit or post to this Site will be (a) treated as non-confidential and non-proprietary by Percolate, (b) become the property of Percolate, in which Percolate shall now and hereinafter own all rights, title, and interest therein, and (c) used without restriction by Percolate or its licensees and affiliates at their sole discretion without any obligation, compensation or other liability to you. Such use may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner on this Site or otherwise.
Notwithstanding the foregoing, Percolate maintains a longstanding policy of not accepting or considering any unsolicited creative ideas, suggestions or materials from the public (“Submissions”) and, therefore, you should not make any Submissions to Percolate in any communications through this Site or otherwise. Nonetheless, if you do send us a Submission, despite our request not to do so, then such Submission shall immediately become the property of Percolate and we shall exclusively now and hereinafter own all rights, title, and interest therein. Moreover, Percolate shall be free to use any Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Percolate shall not be liable for or be responsible for payment of any compensation for such use or disclosure of such Submission or for any similarities in the Submission and any future Percolate uses or activities.
This Site may link to other sites not maintained by or related to Percolate. Such hyperlinks are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with this Site or with the products and services of Percolate. Percolate has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or links to any other sites. Viewing all other sites is at your own risk.
In the event that Percolate may, from time to time, allow for discussions, chats, postings, transmissions, bulletin board and the like on the Site, we are under no obligation to monitor or review such transmitted information and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy of any such information. Nonetheless, the following standards strictly apply to any and all material that you contribute to the Site (“Contributions”) and any associated interactive services:
- Be accurate and truthful (when they state facts);
- Be genuinely held (when they state opinions); and
- Comply with the laws of the United States of America and in any other country where they may be published. Percolate will fully cooperate with any law enforcement authorities or court order requesting or directing Percolate to disclose the identity of anyone posting any such information or materials.
Contributions shall not:
- Contain any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law;
- Infringe any copyright, trademark, right to publicity or right to privacy of any third party entity or individual;
- Be made in breach of any legal duty owed to any other person, such as a contractual or other duty of confidentiality; or
- Give the impression that they emanate from Percolate.
Health Related Information
Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration (“FDA”) and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product labels and packaging prior to use. Information available on or through the Site is not meant to substitute the advice provided by your doctor or other health care professional. You should not use the information available on or through the Site, including but not limited to information that may be provided by healthcare or nutrition professionals, for diagnosing or treating a health condition or disease.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH THE COMPANY, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
- Applicability of Arbitration Agreement. Any dispute or claim relating in any way to your use of the Site or to any products or services sold or distributed by the Company through the Site that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms set forth below,except that you and Percolate are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
- Additional Rules for Non-appearance Based Arbitration. If nonappearance arbitration is elected as provided above, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
- Waiver of Jury Trial. You hereby waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES SHALL BE RESOLVED BY ARBITRATION. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, you and the Company waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
- Venue. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree that such disputes shall be governed by the laws of the United States and by the laws of the State of California without regard to conflict of law principles. You consent to submit to the personal jurisdiction by and venue in the state and federal courts located in Los Angeles County Florida, and waive any objection to such jurisdiction or venue.
- Survival. This Arbitration Agreement will survive the termination of your relationship with Percolate.