TERMS AND CONDITIONS
Last updated on 2/6/2022
AGREEMENT TO TERMS
concerning your access to and use of the www.logicalhealth21.com website as well as any
other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
expressly prohibited from using the Site and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Site from time to
and you waive any right to receive specific notice of each such change.
You will be subject to, and will be deemed to have been made aware of and to have accepted,
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 13 years of age.] All users who are minors in the
jurisdiction in which they reside (generally under the age of 18) must have the permission of,
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and graphics on the
Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein
(the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright
and trademark laws and various other intellectual property rights and unfair competition laws of
the United States, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Site “AS IS” for your information and personal
Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted,
publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise
exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and
use the Site and to download or print a copy of any portion of the Content to which you have
properly gained access solely for your personal, non-commercial use. We reserve all rights not
expressly granted to you in and to the Site, the Content and the Marks.
By using the Site , you represent and warrant that:
(1) all registration information you submit will be true, accurate, current, and complete;
(2) you will maintain the accuracy of such information and promptly update such registration
information as necessary;
[(4) you are not under the age of 13;
(5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site;
(6) you will not access the Site through automated or non-human means, whether through a bot,
script or otherwise;
(7) you will not use the Site for any illegal or unauthorized purpose;
(8) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the
right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may be required to register with the Site. You agree to keep your password confidential and
will be responsible for all use of your account and password. We reserve the right to remove,
reclaim, or change a username you select if we determine, in our sole discretion, that such
username is inappropriate, obscene, or otherwise objectionable.
Products are not intended or implied to be a substitute for professional medical advice,
diagnosis or treatment. You should not use the information contained on this site for diagnosing
or treating a health problem, disease, or prescribing any medication. You are encouraged to
confirm any information obtained from or through this site with other sources, and review all
information regarding any medical condition or treatment with your licensed health care
provider. Please read product labels before use.
The dietary and other substances, and/or materials, equipment or devices discussed on this site
may not have undergone evaluation and/or testing by the United States Food and Drug
Administration or like agency of any other country. These statements have not been evaluated
by the FDA. These products are not intended to diagnose, treat, cure or prevent any disease.
Results not typical for any or all claims.
The information on this site is provided for informational purposes only. All content, including
text, graphics, images and information, contained on or available through this site is for general
information purposes only. We make every effort to display our products as accurately as
possible. However, your electronic display may not accurately reflect the actual colors and
details of the products.
All products are subject to availability, and we cannot guarantee that items will be in stock. We
reserve the right to discontinue any products at any time for any reason. Prices for all products
are subject to change.
PURCHASES AND PAYMENT
We accept the following forms of payment: credit and debit cards, as well as PayPal. You agree
to provide current, complete, and accurate purchase and account information for all purchases
made via the Site. You further agree to promptly update account and payment information,
including email address, payment method, and payment card expiration date, so that we can
complete your transactions and contact you as needed. Sales tax will be added to the price of
purchases as deemed required by us. We may change prices at any time. All payments are to
be in U.S. dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable
shipping fees, and you authorize us to charge your chosen payment provider for any such
amounts upon placing your order.
If your order is subject to recurring charges, then you consent to our charging your payment
method on a recurring basis without requiring your prior approval for each recurring charge, until
such time as you cancel the applicable order. We reserve the right to correct any errors or
mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion,
limit or cancel quantities purchased per person, per household, or per order. These restrictions
may include orders placed by or under the same customer account, the same payment method,
and/or orders that use the same billing or shipping address. We reserve the right to limit or
prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or
Due to the nature of our products, all sales are final and no refund will be issued.
You may not access or use the Site for any purpose other than that for which we make the Site
available. The Site may not be used in connection with any commercial endeavors except those
that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1. systematically retrieve data or other content from the Site to create or
compile, directly or indirectly, a collection, compilation, database, or directory without
written permission from us.
2. make any unauthorized use of the Site, including collecting usernames
and/or email addresses of users by electronic or other means for the purpose of
sending unsolicited email, or creating user accounts by automated means or under
3. use a buying agent or purchasing agent to make purchases on the Site.
4. use the Site to advertise or offer to sell goods and services.
5. circumvent, disable, or otherwise interfere with security-related features of
the Site, including features that prevent or restrict the use or copying of any Content or
enforce limitations on the use of the Site and/or the Content contained therein.
6. engage in unauthorized framing of or linking to the Site.
7. trick, defraud, or mislead us and other users, especially in any attempt to
learn sensitive account information such as user passwords;
8. make improper use of our support services or submit false reports of abuse
9. engage in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data gathering and
10. interfere with, disrupt, or create an undue burden on the Site or the networks
or services connected to the Site.
11. attempt to impersonate another user or person or use the username of
12. sell or otherwise transfer your profile.
13. use any information obtained from the Site in order to harass, abuse, or
harm another person.
14. use the Site as part of any effort to compete with us or otherwise use the
Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
15. decipher, decompile, disassemble, or reverse engineer any of the software
comprising or in any way making up a part of the Site.
16. attempt to bypass any measures of the Site designed to prevent or restrict
access to the Site, or any portion of the Site.
17. harass, annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the Site to you.
18. delete the copyright or other proprietary rights notice from any Content.
19. copy or adapt the Site’s software, including but not limited to Flash, PHP,
20. upload or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital letters and spamming
(continuous posting of repetitive text), that interferes with any party’s uninterrupted use
and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the
use, features, functions, operation, or maintenance of the Site.
21. upload or transmit (or attempt to upload or to transmit) any material that acts
as a passive or active information collection or transmission mechanism, including
without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs,
cookies, or other similar devices (sometimes referred to as “spyware” or “passive
collection mechanisms” or “pcms”).
22. except as may be the result of standard search engine or Internet browser
usage, use, launch, develop, or distribute any automated system, including without
limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the
Site, or using or launching any unauthorized script or other software.
23. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
24. use the Site in a manner inconsistent with any applicable laws or regulations.
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online
forums, and other functionality, and may provide you with the opportunity to create, submit,
post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or
on the Site, including but not limited to text, writings, video, audio, photographs, graphics,
comments, suggestions, or personal information or other material (collectively, “Contributions”).
Contributions may be viewable by other users of the Site and through third-party websites. As
such, any contributions you transmit may be treated as non-confidential and non-proprietary.
When you create or make available any contributions, you thereby represent and warrant that:
1. the creation, distribution, transmission, public display, or performance, and
the accessing, downloading, or copying of your contributions do not and will not infringe
the proprietary rights, including but not limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
2. you are the creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize us, the Site, and other
users of the Site to use your contributions in any manner contemplated by the Site and
3. you have the written consent, release, and/or permission of each and every
identifiable individual person in your contributions to use the name or likeness of each
and every such identifiable individual person to enable inclusion and use of your
4. your contributions are not false, inaccurate, or misleading.
5. your contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other
forms of solicitation.
6. your contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. your contributions do not ridicule, mock, disparage, discriminate, intimidate,or abuse anyone.
8. your contributions do not advocate the violent overthrow of any government
or incite, encourage, or threaten physical harm against another.
9. your contributions do not violate any applicable law, regulation, or rule.
10. your contributions do not violate the privacy or publicity rights of any third
11. your contributions do not contain any material that solicits personal
information from anyone or exploits people in a sexual or violent manner.
12. your contributions do not violate any federal or state law concerning child
pornography, or otherwise intended to protect the health or well-being of minors;
13. your contributions do not include any offensive comments that are connected
to race, national origin, gender, sexual preference, or physical handicap.
14. your contributions do not otherwise violate, or link to material that violates,
among other things, such as legal actions taken as necessary, termination or suspension of
your rights to use the Site.
By posting your contributions to any part of the Site (or making contributions accessible to the
Site by linking your account from the Site to any of your social networking accounts), you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish,broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate,
transmit, excerpt (in whole or in part), and distribute such contributions (including, without
limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to
prepare derivative works of, or incorporate into other works, such contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.This license will apply to any form, media, social media, app or technology now known or
hereafter developed, and includes our use of your name, company name, and franchise name,
as applicable, and any of the trademarks, service marks, trade names, logos, and personal and
commercial images you provide. You waive all moral rights in your contributions, and you
warrant that moral rights have not otherwise been asserted in your contributions.
We do not assert any ownership over your contributions. You retain full ownership of all of your
contributions and any intellectual property rights or other proprietary rights associated with your
contributions. We are not liable for any statements or representations in your contributions provided by you in any area on the Site.
You are solely responsible for your contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us
regarding your contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change
any contributions; (2) to re-categorize any contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any contributions at any time and for any
reason, without notice. We have no obligation to monitor your Contributions.
GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:
(1) you should have firsthand experience with the product/person/entity being reviewed;
(2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate
(3) your reviews should not contain discriminatory references based on religion, race, gender,
national origin, age, marital status, sexual orientation, or disability;
(4) your reviews should not contain references to illegal activity;
(5) you should not be affiliated with competitors if posting negative reviews;
(6) you should not make any conclusions as to the legality of conduct;
(7) you may not post any false or misleading statements;
(8) you may not organize a campaign encouraging others to post reviews, whether positive or
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no
obligation to screen reviews or to delete reviews, even if anyone considers reviews
objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent
our opinions or the views of any of our affiliates or partners.
We do not assume liability for any review or for any claims, liabilities, or losses resulting from
any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide,royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce,modify,translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
As part of the functionality of the Site, you may link your account with online accounts you have
with third-party service providers (each such account, a “Third-Party Account”) by either: (1)
providing your Third-Party Account login information through the Site; or (2) allowing us to
access your Third-Party Account, as is permitted under the applicable terms and conditions that
govern your use of each Third-Party Account.
You represent and warrant that you are entitled to disclose your Third-Party Account login
information to us and/or grant us access to your Third-Party Account, without breach by you of
any of the terms and conditions that govern your use of the applicable Third-Party Account, and
without obligating us to pay any fees or making us subject to any usage limitations imposed by
the third-party service provider of the Third-Party Account.
By granting us access to any Third-Party Accounts, you understand that (1) we may access,
make available, and store (if applicable) any content that you have provided to and stored in
your Third-Party Account (the “Social Network Content”) so that it is available on and through
the Site via your account, including without limitation any friend lists and (2) we may submit to
and receive from your Third-Party Account additional information to the extent you are notified
when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the privacy settings that you
have set in such Third-Party Accounts, personally identifiable information that you post to your
Third-Party Accounts may be available on and through your account on the Site. Please note
that if a Third-Party Account or associated service becomes unavailable or our access to such
Third-Party Account is terminated by the third-party service provider, then Social Network
Content may no longer be available on and through the Site.
You will have the ability to disable the connection between your account on the Site and your
Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE
THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY
ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-
PARTY SERVICE PROVIDERS.
We make no effort to review any Social Network Content for any purpose, including but not
limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social
Network Content. You acknowledge and agree that we may access your email address book
associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have
also registered to use the Site.
You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or
other information regarding the Site (“Submissions”) provided by you to us are non-confidential
and shall become our sole property. We shall own exclusive rights, including all intellectual
property rights, and shall be entitled to the unrestricted use and dissemination of these
Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you.
You hereby waive all moral rights to any such Submissions, and you hereby warrant that any
such Submissions are original with you or that you have the right to submit such Submissions.
You agree there shall be no recourse against us for any alleged or actual infringement or
misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party
Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound,
video, information, applications, software, and other content or items belonging to or originating
from third parties (“Third-Party Content”).
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked
for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third
Party Websites accessed through the Site or any Third-Party Content posted on, available
through, or installed from the Site, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any
Third-Party Content does not imply approval or endorsement thereof by us. If you decide to
leave the Site and access the Third-Party Websites or to use or install any Third-Party Content,
You should review the applicable terms and policies, including privacy and data gathering
practices, of any website to which you navigate from the Site or relating to any applications you
use or install from the Site. Any purchases you make through Third-Party Websites will be
through other websites and from other companies, and we take no responsibility whatsoever in
relation to such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on Third-
Party Websites and you shall hold us harmless from any harm caused by your purchase of such
products or services. Additionally, you shall hold us harmless from any losses sustained by you
or harm caused to you relating to or resulting in any way from any Third-Party Content or any
contact with Third-Party Websites.
We reserve the right, but not the obligation, to:
(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or
(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of,
or disable (to the extent technologically feasible) any of your Contributions or any portion
(4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or
otherwise disable all files and content that are excessive in size or are in any way burdensome
to our systems;
(5) otherwise manage the Site in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Site.
If you access the Site from the European Union, Asia, or any other region of the world with laws
or other requirements governing personal data collection, use, or disclosure that differ from
applicable laws in the United States, then through your continued use of the Site, you are
transferring your data to the United States, and you expressly consent to have your data
transferred to and processed in the United States.
Further, we do not knowingly accept, request, or solicit information from children or knowingly
market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection
Act, if we receive actual knowledge that anyone under the age of 13 has provided personal
information to us without the requisite and verifiable parental consent, we will delete that
information from the Site as quickly as is reasonably practical.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
We respect the intellectual property rights of others. If you believe that any material available on
or through the Site infringes upon any copyright you own or control, please immediately notify
us using the contact information provided below (a “Notification”).
A copy of your Notification will be sent to the person who posted or stored the material
addressed in the Notification. Please be advised that pursuant to federal law you may be held
liable for damages if you make material misrepresentations in a Notification. Thus, if you are not
sure that material located on or linked to by the Site infringes your copyright, you should
consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the
(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, or, if multiple
copyrighted works on the Site are covered by the Notification, a representative list of such works
on the Site;
(3) 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 us to locate the material;
(4) information reasonably sufficient to permit us to contact the complaining party, such as an
address, telephone number, and, if available, an email address at which the complaining party
may be contacted;
(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, its agent, or the law;
(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 upon.
If you believe your own copyrighted material has been removed from the Site as a result of a
mistake or misidentification, you may submit a written counter notification to us using the
contact information provided below (a “Counter Notification”).
To be an effective Counter Notification under the DMCA, your Counter Notification must include
substantially the following:
(1) identification of the material that has been removed or disabled and the location at which the
material appeared before it was removed or disabled;
(2) a statement that you consent to the jurisdiction of the Federal District Court in which your
address is located, or if your address is outside the United States, for any judicial district in
which we are located;
(3) a statement that you will accept service of process from the party that filed the Notification or
the party’s agent;
(4) your name, address, and telephone number;
(5) a statement under penalty of perjury that you have a good faith belief that the material in
question was removed or disabled as a result of a mistake or misidentification of the material to
be removed or disabled;
(6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above,
we will restore your removed or disabled material, unless we first receive notice from the party
filing the Notification informing us that such party has filed a court action to restrain you from
engaging in infringing activity related to the material in question.
Please note that if you materially misrepresent that the disabled or removed content was
removed by mistake or misidentification, you may be liable for damages, including costs and
attorney’s fees. Filing a false Counter Notification constitutes perjury.
We respect the intellectual property rights of others. If you believe that any material available on
or through the Site infringes upon any copyright you own or control, please immediately notify
us using the contact information provided below (a “Notification”). A copy of your Notification will
be sent to the person who posted or stored the material addressed in the Notification.
Please be advised that pursuant to federal law you may be held liable for damages if you make
material misrepresentations in a Notification. Thus, if you are not sure that material located on
or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
TERM AND TERMINATION
TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO
AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY
PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION
FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN
TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT
AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of any third
party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate
legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Protect against legal liability
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any
reason at our sole discretion without notice. However, we have no obligation to update any
information on our Site. We also reserve the right to modify or discontinue all or part of the Site
without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or
discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware,
software, or other problems or need to perform maintenance related to the Site, resulting in
interruptions, delays, or errors. We reserve the right to change, revise, update,suspend,discontinue, or otherwise modify the Site at any time or for any reason without notice to you.
You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused
by your inability to access or use the Site during any downtime or discontinuance of the Site.
or to supply any corrections, updates, or releases in connection therewith.
with the laws of the State of New Jersey applicable to agreements made and to be entirely
performed within the State of New Jersey, without regard to its conflict of law principles.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these
(individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to
negotiate any Dispute (except those Disputes expressly provided below) informally for at least
30 days before initiating arbitration. Such informal negotiations commence upon written notice
from one Party to the other Party.
If the Parties are unable to resolve a Dispute through informal negotiations within 30 days, the
Dispute (except those Disputes expressly excluded below) will be finally and exclusively
resolved by binding arbitration.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of
the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary
Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are
available at the AAA website www.adr.org.
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA
Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.
The arbitration may be conducted in person, through the submission of documents, by phone,
or online. The arbitrator will make a decision in writing, but need not provide a statement of
reasons unless requested by either Party. The arbitrator must follow applicable law, and any
award may be challenged if the arbitrator fails to do so.
Except where otherwise required by the applicable AAA rules or applicable law, the arbitration
will take place in Middlesex County, New Jersey. Except as otherwise provided herein, the
Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to
confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be
commenced or prosecuted in the state and federal courts located in Middlesex County, New
Jersey, and the Parties hereby consent to, and waive all defenses of lack of personal
jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and
federal courts. Application of the United Nations Convention on Contracts for the International
Sale of Goods and the the Uniform Computer Information Transaction Act (UCITA) are excluded
In no event shall any Dispute brought by either Party related in any way to the Site be
commenced more than one year after the cause of action arose. If this provision is found to be
illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that
portion of this provision found to be illegal or unenforceable and such Dispute shall be decided
by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties
agree to submit to the personal jurisdiction of that court.
There may be information on the Site that contains typographical errors, inaccuracies, or
omissions, including descriptions, pricing, availability, and various other information. We reserve
the right to correct any errors, inaccuracies, or omissions and to change or update the
information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT
YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S
CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR
THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD
PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS
OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF
ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY
FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY
THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT
BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR
USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and
all of our respective officers, agents, partners, and employees, from and against any loss,
damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made
by any third party due to or arising out of: (1) your Contributions and Submissions; (2) use of the
limited to intellectual property rights; or (6) any overt harmful act toward any other user of the
Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive
defense and control of any matter for which you are required to indemnify us, and you agree to
cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to
notify you of any such claim, action, or proceeding which is subject to this indemnification upon
becoming aware of it.
We will maintain certain data that you transmit to the Site for the purpose of managing the
performance of the Site, as well as data relating to your use of the Site. Although we perform
regular routine backups of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Site.
You agree that we shall have no liability to you for any loss or corruption of any such data, and
you hereby waive any right of action against us arising from any such loss or corruption of such
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES,
POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR
VIA THE SITE.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances,
or other laws in any jurisdiction which require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of credits by any means other than
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance
Unit of the Division of Consumer Services of the California Department of Consumer Affairs in
writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone
at (800) 952-5210 or (916) 445-1254.
the Site constitute the entire agreement and understanding between you and us. Our failure to
such right or provision.
of our rights and obligations to others at any time. We shall not be responsible or liable for any
loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
or unenforceable, that provision or part of the provision is deemed severable from these Terms
of Use and does not affect the validity and enforceability of any remaining provisions. There is
no joint venture, partnership, employment or agency relationship created between you and us
them. You hereby waive any and all defenses you may have based on the electronic form of
In order to resolve a complaint regarding the Site or to receive further information regarding use
of the Site, please contact us at:
Logical Health 21 LLC
602 Cranbury Circle
East Brunswick, NJ 08816
[Corporate Phone Number]