Please Read Carefully.
Updated: March 1, 2024
The services that Renewal Health Solutions LLC (hereinafter “ETHR LAB,” “we,” “our,” and “us”) provides to you are subject to the terms and conditions set forth herein (“Agreement”), which govern your access to and use of our website (www.ethr-lab.com) (the “Site”) and to learn about and reserve appointments for cryotherapy and other spa and wellness treatment and services (the “Services”). This Agreement sets forth the legally binding terms between you and ETHR LAB. This Agreement applies to all users of the Site and/or Services, including those individuals who may submit any content, information or other materials on the Site. If you choose to use the Site or Services, you will be agreeing to abide by all of the terms and conditions of the Agreement.
BY SETTING UP AN ACCOUNT, SIGNING ETHR LAB INTAKE FORMS AND/OR OTHERWISE USING OUR SERVICES, YOU EXPRESSLY ACCEPT AND AGREE TO THE TERMS OF THIS AGREEMENT. If you do not accept this Agreement, now or in the future, please stop your use of the Site and/or Services immediately, in which case any continuing access and/or use of our Site and/or Services is unauthorized.
In addition, when using particular Services, you and ETHR LAB shall be subject to any additional terms, guidelines or rules applicable to such Services, which may be posted from time to time on the Site or otherwise provided to you in person. All such additional terms, guidelines and rules are hereby incorporated by reference into this Agreement. Also, ETHR LAB may offer other Services from time to time that are governed by different terms of services.
ARBITRATION NOTICE
EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND ETHR LAB WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT AND/OR CLASS-WIDE ARBITRATION.
CHANGES TO TERMS
Subject to the conditions set forth herein, ETHR LAB may, at any time, in its sole discretion, make changes to (i) the Site, including its look, feel, format and content, as well as (ii) the Services as described on the Site. If ETHR LAB makes changes and/or modifications that affect your access to and/or use of the Site and/or Services, ETHR LAB will provide a notice of such changes only by changing the “last updated” date listed above on the Agreement and/or Site. We may also provide you with additional forms of notice of modifications and/or updates as appropriate under circumstances. If you do not agree with the changes and/or modifications, you shall not use the Site and/or Services after the effective date of the changes. Please revisit this Agreement regularly to ensure that you stay informed of any changes.
WAIVER AND RELEASE
By accepting the terms of this Agreement, attending any appointments, events activities and using our facilities, you acknowledge and represent that you have read and understand the terms set forth herein, you are at least eighteen (18) years of age and fully competent, and you agree to the following, which is a release of liability and a waiver of certain legal rights. In consideration of being allowed to participate in the Services, and agreeing to this Agreement, you hereby to the following statements:
You understand the nature of ETHR LAB Services and believe that you are in good health and have no physical condition expressed in the ‘contraindications’ or otherwise which would preclude you from safely participating in the Services. Furthermore, you agree that you will comply with all instruction by ETHR LAB and that you are using these Services at your own risk. You understand the risks and benefits of the procedures related to the Services and have had the opportunity to have all of your questions answered by ETHR LAB staff. You understand that there is no implied or stated guarantee of success or effectiveness of any treatment offered by ETHR LAB Services. You further agree and warrant that if at any time you believe conditions to be unsafe or if your conditions change in the future, you will immediately discontinue further participation in the treatment and/or related Services. You understand that the premises of ETHR LAB is under audio surveillance and video surveillance and confirm and acknowledge the presence of such surveillance equipment on ETHR LAB premises, which will be used as a tool of supervision, security and documentation purposes.
You hereby waive any and all claims, demands, actions and causes of action you may now and in the future have against, and release from all liability and agree not to sue ETHR LAB and its officers, directors, employees, volunteers, landlord, agents or representatives and if applicable, liquid nitrogen suppliers, owners and lessors of the equipment and/or premises on which the Services takes place (each considered one of the “Releasees” herein), for any personal injury, death and property damages, expenses or losses sustained by me as a result of your participation in the Services due to any cause whatsoever, including, without limitation, negligence or breach of statutory or common law duty including duties to an invitee or licensee.
YOU FULLY UNDERSTAND that: (a) ETHR LAB Services involve inherent risks and dangers in association with the Services and use of ETHR LAB facilities and that specific risks may vary from one Service to another, and that some of these risks cannot be eliminated, (b) the use of the Services may result in SERIOUS BODILY INJURY, ADVERSE REACTION, SIDE EFFECTS, FROSTBITE, ILLNESS, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH (“Risks”), (c) these Risks may be caused by your own actions or inactions, the actions or inactions of attendants or others, the condition in which the Services take place, or the negligence of the Releasees; (d) there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time; (e) you are voluntarily participating in the Services with the knowledge of the dangers involved, and YOU FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES incurred as a result of your participation in the Services now and in the future.
You hereby covenant not to sue, and agree to indemnify, defend and hold harmless, ETHR LAB and/or the Releasees from all liability, claims, demands, losses, or damages on your account caused or alleged to be caused in whole or in part by the negligence of the Releasees or otherwise, including negligent rescue operations and further agree that if, despite this release, you, or anyone on your behalf makes a claim against ETHR LAB or any of the Releasees named above, YOU WILL INDEMNIFY, SAVE AND HOLD HARMLESS ETHR LAB AND EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS LIABILITY, DAMAGE OR COSTS THAT MAY INCUR AS THE RESULT OF ANY SUCH CLAIM.
You agree that it is your intent that this waiver and release shall bind members of your family and spouse, if you are alive, and your heirs, assignees and personal representative, if you are not alive, and shall be deemed as a release, waiver, and discharge of the above named Releasees. You further understand that the Releasees will not be responsible for any legal or medical costs associated with any illness or injury.
You agree that this waiver and release set forth in this Agreement is intended to be as broad and inclusive as permitted under law. You specifically acknowledge and agree that this waiver and release is not intended to be a general release subject to limitations and conditions that would otherwise apply under applicable state law and additionally agree to waive all general release limitations provided by applicable law.
USE OF THE SERVICES
No Assurances. The vast majority of clients that receive ETHR LAB Services feel greatly improved. Every individual is different, however, and there is no guarantee that you will feel differently after our treatment, nor does improvement of any symptoms exclude other coexisting medical conditions that are unique to you. ETHR LAB strongly recommends that you seek care from a physician or emergency department should you feel that your symptoms are not aligned with the uses provided to you. Furthermore, we recommend that you seek emergency care should you feel worse after receiving the following treatment. Please note that the Food and Drug Administration has not evaluated or approved of our Service treatments for weight loss and/or increase of energy. Each individual is unique and therefore results may vary. You hereby confirm that no warranty or guarantee, or other assurance, has been made to you covering the results of the cryotherapy treatments, and you hereby relieve ETHR LAB and hold ETHR LAB harmless from all liabilities for injury or damage that may occur to you. You fully understand the administration of the process, including possible adverse reactions, side effects, or other possible complications. It is understood that this consent is being given in advance of any administration of the process, and is being given by you voluntarily to use the cryotherapy treatments/machines (“Equipment”).
Aware of Hazards. You agree that you are fully aware of the risks and hazards connected with the use of the Equipment and the receipt of treatments, including the risk of physical injury or disability as the result of such injury, and you are voluntarily participating in said Equipment usage/receipt of treatment, and entering the ETHR LAB premises to engage in such usage and/or related Services. You voluntarily assume full responsibility for any risks of loss, property damage or personal injury that may be sustained, or any loss or damage to property as a result of being engaged in such an activity.
Voluntary Participation. You agree that you are voluntarily participating in the Service treatments. You understand that there are risks associated with your participation in such Services and/or related treatments, such as physical and/or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability, death or economic loss. These injuries or outcomes may arise from your own or other’s actions, inactions, or negligence, or the condition of the ETHR LAB location(s) or facility(ies). Nonetheless, you assume all risks of your participation in these Services, whether known or unknown to you, including any events incidental to these treatments.
Equipment. You understand that the Equipment is designed for fitness and appearance enhancing use only by persons in good general health. You have been advised that if you suffer from any medical condition or illness whatsoever, you should not to use the Equipment without your doctor’s written permission.
Service Refusal. ETHR LAB reserves the right to refuse treatment to any patients that require additional examination, appear intoxicated, unstable or whose symptoms do not align with that outlined above.
Physical Capability. By entering into this Agreement, you confirm that you are in good health, you do not have any of the contraindications identified pursuant to our medical history intake form, and you are not aware of any reason (medical, physical or otherwise) why you should not participate in cryotherapy, HBOT, lymphatic compression, PEMF, oxidative stress release, facials, body treatment, endospheres, etc., You understand that abnormal skin sensitivity to cold may be caused by certain foods, cosmetics, or medication, including but not limited to tranquilizers or blood pressure medication. In compliance with medical statute, you must demonstrate clinical sobriety in order to consent for elective medical treatments.
Cryotherapy. Cryotherapy is an alternative to traditional ice baths utilizing ultra-low temperatures to offer a multitude of health and healing benefits. You understand that participation in whole body cryotherapy session involves exposure to extreme cold temperature for a short period of time (not to exceed three (3.5) minutes per session). You understand that you may not use any cryotherapy Equipment without a technician present. You agree to follow all instructions given to you by the technician and to adhere to all of the rules and regulations prescribed by ETHR LAB from time to time. You understand that if you feel light-headed at any point during a cryotherapy session, you must notify the technician immediately. In the event you experience any pain or physical discomfort at any point during a session, you are advised to terminate the session immediately and step out of the cryotherapy machine. The Equipment will not be locked, and you will be free to walk out of the Equipment at any time. When in the cryotherapy machine, you will avoid touching the sides of the machine and inhaling any vapor. You acknowledge and agree that the cryotherapy process and all of the risks of participating in a cryotherapy session have sufficiently explained to you. During each cryotherapy session, you agree to wear the items provided by ETHR LAB. You understand that all metal from the exterior of your body shall be removed prior to a cryotherapy session, including all large earrings, necklaces, bracelets, rings, body piercings, etc., and that any clothing that you wear during any such session must be completely dry. You understand that no lotions, oils, perfumes or any alcohol based products should be used prior to a cryotherapy session, and that if exercise before a cryotherapy session, you must be completely dry before entering the cryotherapy machine. No representations or claims are made as to the medical benefits of whole body cryotherapy, including without limitation claims that whole body cryotherapy reduces muscle soreness, or promotes mechanisms of action such as increased blood circulation, capillary action, or rapid cooling of the skin, tissues or muscles. Whole body cryotherapy is not intended to diagnose, treat, cure or prevent diseases, illnesses, imbalances or disorders. No results from whole body cryotherapy are assured. Every customer is different and responds differently to the therapy.
Hyperbaric Oxygen Chamber. You acknowledge that hyperbaric oxygen therapy will consist of you being enclosed inside a Hyperbaric Oxygen Therapy chamber. While inside the chamber, you will breach pure oxygen and the air pressures around you will be raised two to three times what you normally experience. This treatment will result in higher than normal levels of oxygen in your blood and body tissues and this level will persist during treatment, and for variable times after treatment. You acknowledge that the side effects include but are not limited to: irritation and even permanent changes in the lungs, stimulation of the nervous system causing temporary visual problems, ringing in the ears, muscular twitching, nausea, and convulsive seizures. You acknowledge that since the therapy involves the change of pressure to which you are exposed, your ears, sinuses, and lungs are subject to pressure related injury if the pressure cannot be adequately equalized. You acknowledge that there are a series of medical conditions, which may interfere in the safe delivery of Hyperbaric Oxygen Therapy. You must inform ETHR LAB of any physical illness(s) including, but not limited to, any of the following conditions: untreated cancer, an untreated collapsed lung, a history of spontaneous collapsed lung, chronic sinusitis, upper respiratory infection (cold), chronic obstructive lung disease (known as emphysema, asthma, bronchitis, etc.), heart disease with congestive failure, high fever, history of chest or ear surgery, current viral infection (flu, etc.) and pregnancy. In addition, the oxygen environment in which the treatment occurs greatly increased the danger of fire which may cause serious injury or death.
USE OF THE SITE
Eligibility. To access and/or use the Services, you must be eighteen (18) years or older and have the requisite power and authority to enter into this Agreement and meet any other applicable age and residency requirements. The Services are not intended for and should not be used by anyone under the age of thirteen (13) unless ETHR LAB receives legal parental or guardian consent. Otherwise, you represent that you are over the age of eighteen (18) and are the intended recipient of the Services. You may not access and/or use the Services for any purpose if either of the representations in the preceding sentence are not true. You may not access or use the Services if you are a competitor of ours or if we have previously banned you from the Services or otherwise closed your account.
Use of Services and Availability. ETHR LAB retains the right, in our sole and absolute discretion, to deny service and/or access to and/or use of the Services to anyone at any time and for any reason without liability. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time. You understand and agree that there may be interruptions to the Services and/or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of ETHR LAB control. The Services may be modified, updated, suspended and/or discontinued at any time without notice and/or liability.
Creating an Account. You will be able to browse the Service and features without creating an account; however, in order to schedule any services and/or appointments, or utilize other available services, you will be required to create an account through the Services. Your account requires you to (i) indicate agreement to this Agreement, (ii) provide contact information, and (iii) submit any other form of authentication required during the enrollment process, as determined by ETHR LAB in its sole and absolute discretion. If you establish an account with ETHR LAB, you agree to provide true, accurate and current information in connection with your account. You are responsible for updating and correcting information you have submitted to create and/or maintain your account. Any usernames and passwords used for the Services are for individual use only. You are solely responsible for maintaining the security and confidentiality of the password you use to access your account. You understand and agree that ETHR LAB shall have no responsibility for any incident arising out of, or related to, your account settings. ETHR LAB will assume that anyone using the Site, scheduling Services and/or transacting through your account is you. Therefore, you further agree to immediately notify ETHR LAB of any unauthorized use of your password and/or account and/or any other breach of security. You may only create and hold one (1) account that you are solely responsible for managing and are prohibited from using other disguised identities when using the Site and/or Services. Upon termination, the provisions of this Agreement that are by their nature intended to survive termination (including without limitation any disclaimers, limitations of liability and indemnities) shall survive such termination.
Communications from ETHR LAB. By agreeing to the terms and conditions of this Agreement, you agree to receive certain communications in connection with your use of the Site and/or Services. When you access and/or use the Site and/or scheduling Services, you are communicating with us electronically, and you consent to receive communications from us electronically including but not limited to notices related to the Site and/or Services provided to you via hello@ethr-lab.com. You agree that all agreements, notices, disclosures and/or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting us. If you withdraw your consent to receive such records and notices electronically, we will revoke your access to the Site and/or our Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. You agree not to include any “protected health information” (as such term is used in the Health Insurance Portability and Accountability Act of 1996) (“HIPAA Information”) in any communications over email, telephone, fax or any other non-secured messaging system. You agree to indemnify, defend and hold harmless ETHR LAB for any claim or loss related to the disclosure of protected health information through the use of the Site and/or Services.
Mobile Messaging. You may agree to receive ETHR LAB text messages to your mobile phone/device regarding the Services. Your mobile number will be used to communicate with you by text message regarding the Services. You understand and agree that text messages sent to your mobile phone/device may be generated using automated technology. Your consent to receive text messages is not required to use the Site or Services. Your mobile carrier’s rates apply. All charges are billed by and payable to your mobile service provider. ETHR LAB does not charge you for sending or receiving text messages. ETHR LAB will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your network operator.
Your Responsibilities. ETHR LAB grants you the rights set forth herein, subject to the following conditions:
You shall not write a fake or defamatory review, trade reviews with other businesses or compensate someone or be compensated to write or remove a review;
You shall not modify, disassemble, create derivative works, publicly display, reverse engineer and/or otherwise reduce to human-perceivable form all or any part of the Site;
You agree not to submit and/or transmit any emails, User Content (defined below) or other materials through the Site that contain a virus, worm, Trojan horse and/or any other harmful component designed to interrupt, destroy and/or limit the functionality of any computer software and/or hardware and/or telecommunications equipment, and/or that is designed to obtain unauthorized access to any information;
You shall not obtain or attempt to obtain any data through any means from the Site, except if we intend to provide and/or make it available to you;
You shall not pretend to be someone else, use someone else’s identify or misrepresent your affiliation with a person or entity, including misrepresenting a relationship with ETHR LAB, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
You shall not copy or imitate part or all of the design, layout, and/or look-and-feel of the Site and/or individual sections of it, in any form or media;
You are responsible for the accuracy of the data and content that you submit;
You shall not submit User Content, in any form, that is harmful, offensive, inaccurate or otherwise inappropriate including without limitation libelous, defamatory, harassing, racially, ethnically and/or otherwise objectionable;
You agree not to intentionally hold ETHR LAB and/or their employees and/or directors up to public scorn, ridicule and/or defamation;
You will not submit User Content that violates, plagiarizes and/or infringes the rights of third parties including, without limitation, copyright rights, trademarks, rights of privacy or publicity and/or any other proprietary right; and/or that is designed to obtain unauthorized access to any information; and
You shall not use the Site and/or our Services for any unlawful purpose and/or to violate any federal, state, international law, code of conduct and/or other guidelines which may be applicable to the Services provided.
Errors, Inaccuracies and Omissions. Occasionally there may be information on the Site that contain typographical errors, inaccuracies, and/or omissions that may relate to Service descriptions, pricing, offers and availability. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, and/or omission; and/or (iii) make changes to prices, content, promotion offers, Service and/or product descriptions and/or other information without obligation to issue any notice of such changes, except as prohibited by law.
Feedback. If you provide us (in a direct mail, email and/or otherwise) with any feedback, suggestions, improvements, enhancements, recommendations and/or feature requests relating to the Services (“Feedback”), then you further grant to ETHR LAB a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate any such Feedback. ETHR LAB has no obligations to review any Feedback and may use and redistribute Feedback for any purpose without restriction in its sole and absolute discretion.
Prohibited Conduct
Gathering email addresses from ETHR LAB, harvesting and/or posting and/or transmitting unauthorized and/or unsolicited advertising, promotional materials, and/or any other forms of solicitation to other users is prohibited. We also prohibit crawling, scraping, caching and/or otherwise accessing any content on the Site and/or Services via automated means (except as may be the result of standard search engine protocols and/or technologies used with ETHR LAB’s express written consent). You may not use the Site in any manner that could damage, disable, overburden, and/or impair the Site and/or interfere with any other party’s use and/or enjoyment of the Site. You may not obtain and/or attempt to obtain any materials and/or information through any means not intentionally made available and/or provided for through the Site. You shall not interfere with the proper workings of the Site, including without limitation by placing an unreasonable load on the Site’s infrastructure.
PROPRIETARY RIGHTS AND LICENSES
Ownership. The Site, Services, any content on the Site and the infrastructure used to provide the Site and/or Services are proprietary to ETHR LAB, our affiliates, and other content providers. By using the Site and/or Services and accepting this Agreement: ETHR LAB grants you a limited, personal, nontransferable, nonexclusive, revocable right to access and use the Site and Services pursuant to this Agreement and to any additional terms and policies set forth by ETHR LAB. This right to access and use the Site and/or Services does not include any resale or commercial use of the Site, or its contents and/or the Services; any downloading or copying of account information for the benefit of another party; or any use of data mining, robots, or similar data gathering and extraction tools.
Reservation of Rights. The content, headers, videos, illustrations, photographs, graphics, icons, trade dress and/or other information on the Site (“Content”), as well as the organization and/or layout of the Site and/or descriptions and Service offerings, are copyrighted and are protected by United States and international copyright laws and treaty provisions. ETHR LAB owns, controls, lawfully uses and/or licenses the Content on the Site. ETHR LAB’s name and logo may not be copied, imitated and/or used, without ETHR LAB’s prior written permission. Subject to the limited rights expressly granted hereunder, ETHR LAB and/or its third party providers reserve all right, title and interest in and to the Services and Content, including all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
Your Content. Please carefully choose the information, content, advice, discussions, images, photographs, video, audio, descriptions, comments, messages, personal information (collectively, the “User Content”) you choose to submit or transmit through the Site and/or in connection with the Services. You assume all risks associated with User Content, including anyone’s reliance on its quality, accuracy, and/or reliability by you. All the information you provide to ETHR LAB in the medical screening and demographic section and/or forms are complete and accurate to the best of your knowledge. You also represent that you own, and/or have the necessary permissions to use and authorize use of User Content as described in this Agreement. You hereby grant ETHR LAB a worldwide, perpetual, non-exclusive, royalty-free, irrevocable, assignable, sub-licensable, transferable license to use the User Content for purposes of providing the Services. Notwithstanding anything herein to the contrary, ETHR LAB may collect aggregated, anonymized data that cannot identify any person and that is derived from or created through the use of the Site and/or Services in order to learn about its users generally and improve its product and services.
PAYMENT
General. In consideration for ETHR LAB’s provision of the Services, you agree to pay ETHR LAB the fees set forth in each Service offering you choose to schedule and/or book through the Site, in person and/or by telephone. Please note that ETHR LAB must receive full payment in order for you to receive the Services, which shall be due and payable to ETHR LAB upon booking your reservation. You are responsible for all fees, including without limitation taxes, associated with your use of the Services. You shall pay all fees due hereunder by providing a valid credit card and all fees shall be payable in U.S. dollars within the United States. By agreeing to this Agreement, you hereby give ETHR LAB permission to charge the credit card, bank account, or other approved method of payment associated with your account for fees associated with use of the Services. All fees due and payable by Client to ETHR LAB under this Agreement must be paid in full without any deduction, set-off, counterclaim or withholding of any kind unless required by law.
Stripe. ETHR LAB uses a third party service provider, Stripe, Inc. (“Stripe”) and the Stripe API, to execute online payment transactions related to your ETHR LAB account. By using ETHR LAB and agreeing to this Agreement, you also agree to be bound by Stripe’s Agreement. Any authorization you provide to make automatic payments using the Service will remain in effect until canceled. You are responsible for all transactions (one-time, recurring, and refunds) processed through the Site, Service and/or Stripe.
Fees. You acknowledge and agree that we will charge your designated payment method for fees upon your initial account set-up and service selection. Therefore, and in consideration of the Services provided by ETHR LAB, you agree that once Stripe charges your designated payment method for the fees as provided in this Agreement and on the Site, the charge is non-refundable, except as otherwise provided by ETHR LAB or required by applicable law. To the extent permitted by applicable law, you agree not to ask your credit card company or bank to charge back any fees charged pursuant to this Agreement.
TERMINATION
If you violate this Agreement and/or if we have grounds to suspect that you violated this Agreement and/or other use parameters included on the Service, we may suspend and/or terminate your account and/or refuse Service. ETHR LAB also reserves the right, in its sole and absolute discretion, to terminate your access to the Site or any portion thereof at any time, without cause and/or without notice. In the event you fail to pay for the Services, and/or share the access granted with any person or entity, and/or misuse the Site by any means actionable under a federal, state, and/or local statute, code, regulation, law, and/or civil action, ETHR LAB will consider your access as having been acquired by fraud and/or misrepresentation and will terminate your access to the Site immediately and shall refuse Service. In such event, ETHR LAB retains the right to seek civil and/or criminal redress, the entire cost of which shall be borne solely by you.
INDEMNIFICATION AND WAIVER
You shall indemnify, defend and hold harmless ETHR LAB, its officers, agents, employees, contractors, subcontractors, suppliers and representatives from and against any and all claims, demands, proceedings, losses, costs, damages, awards, fees, expenses, or liabilities of any nature (“Claim”) arising out of and/or in the relation to (i) use of User Content in the event of an infringement, violation, trespass, contravention and/or breach of any third party, and/or constitutes the unauthorized use and/or misappropriation of any trade secret of any third party, (ii) your use of ETHR LAB’ Services; (iii) any breach of this Agreement by you, your officers, agents, employees, contractors and/or representatives and/or (iv) fraud you commit and/or your intentional misconduct and/or negligence. You shall give prompt notice to ETHR LAB upon your receipt of notice of any Claim against you which might give rise to a claim against ETHR LAB.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE SITE, SERVICES AND ANY CONTENT, ARE PROVIDED BY ETHR LAB TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY AND/OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE, SYSTEMS INTEGRATION, ACCURACY, AND FROM COURSE OF DEALING, USAGE AND/OR TRADE PRACTICE, ALL OF WHICH ETHR LAB EXPRESSLY DISCLAIMS. WITHOUT LIMITING THE FOREGOING, ETHR LAB AND/OR ITS LICENSORS MAKE NO WARRANTY THAT (A) THE SITE, SERVICES AND/OR CONTENT WILL MEET YOUR REQUIREMENTS AND/OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE AND/OR RELIABLE; (C) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE AND/OR SERVICES WILL MEET YOUR EXPECTATIONS, AND/OR (D) ETHR LAB WILL NOT BE LIABLE AND/OR OTHERWISE RESPONSIBLE FOR ANY FAILURE AND/OR DELAY IN UPDATING THE SITE AND/OR ANY CONTENT. NO ADVICE AND/OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ETHR LAB AND/OR THROUGH AND/OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF USE.
LIMITATION OF LIABILITY
YOUR USE OF THE SITE, SERVICES AND CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL ETHR LAB, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, AND/OR SUPPLIERS BE LIABLE TO YOU AND/OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA AND/OR PROFITS, WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY, AND/OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF ETHR LAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING SHALL APPLY DESPITE ANY NEGLIGENCE, MISCONDUCT, ERRORS AND/OR OMISSIONS BY ETHR LAB ITS EMPLOYEES, REPRESENTATIVES AND/OR AGENTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, ETHR LAB’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
ETHR LAB’S MAXIMUM AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS PARTNERS AND LICENSORS, TO YOU IN ANY CIRCUMSTANCE ARISING OUT OF AND/OR RELATING TO THE SERVICES IS LIMITED TO THE FEES PAID BY YOU IN THE ONE (1) MONTH PRECEDING THE DATE OF THE CLAIM.
LINKED SITES
The Site may provide links to various other independent third-party websites (“Linked Sites”) that may be of interest to you and for your convenience only. ETHR LAB does not control and/or endorse such Linked Sites and is not responsible for their content nor is it responsible for the accuracy and/or reliability of any information, data, opinions, advice or statements contained within such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites at your own risk. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Linked Site that you visit. ETHR LAB reserves the right to terminate any link and/or linking program at any time. ETHR LAB disclaims all warranties, express and implied, as to the accuracy, validity, and legality and/or otherwise of any materials or information contained on such Linked Sites.
THIRD PARTY SERVICES
The Site may be made available and/or accessed in connection with third party services and content that ETHR LAB does not control. ETHR LAB may post advertisements of third parties through the Site and/or Services, including without limitation promotions of advertisers, organizations, merchant coupons and/or offers, event opportunities, and/or sponsors showing their goods and services. Your correspondence, participation in, and/or any other dealings with third parties found through the Site are solely between you and such third party. ETHR LAB does not endorse such third party services and content and in no event shall ETHR LAB be liable for any products and/or services of such third party providers. You agree that ETHR LAB shall not be responsible for any loss and/or damage of any sort incurred as a result of any such dealings and/or as the result of the presence of such third parties. Moreover, ETHR LAB shall not be responsible and/or liable for the accuracy, quality, suitability, currency and/or content of the statements and/or conduct of any third party on the Site.
NO PROFESSIONAL ADVICE
The information available on the Site and/or provided in relation to the Services is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. ETHR LAB does not, will not and cannot refer, recommend and/or endorse any specific professional service, product and/or procedures that are advertised on the Site and/or through the Services. You acknowledge that the Services are not intended to diagnose, treat, cure or prevent any disease. The Services provided have not been evaluated by the Food and Drug Administration. The Site and/or Services is not a substitute for professional advice, and you should not construe this as legal, accounting, medical and/or other professional advice. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS SITE IN CONSULTATION WITH YOUR MEDICAL PROVIDER, INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.
DISPUTE RESOLUTION
Disputes. We want to address your concerns without needing a formal legal case. Before filing a claim against ETHR LAB, you agree to try to resolve the dispute informally by contacting us at hello@ethr-lab.com. We will try to resolve the dispute by contacting you via email, but if we cannot resolve the dispute within thirty (30) days of submission, you and/or ETHR LAB agree to resolve any claims related to this Agreement through final and binding arbitration, except as forth under ‘Exceptions to Agreement to Arbitrate’ section below and/or you opt out as described below.
Opt-Out. You can opt-out and decline this agreement to arbitrate by contacting ETHR LAB within thirty (30) days from the date that you first became subject to this arbitration provision (i.e.: the date you initially accepted this Agreement). You must write us at ETHR LAB 1S550 IL-83, Oakbrook Terrace, Illinois 60181. If you opt out, neither you nor ETHR LAB can require the other to participate in an arbitration proceeding.
Arbitration Procedures. Except in the event the claim meets the requirements set forth in the ‘Exceptions to Agreement to Arbitrate’ section below and/or if you opt out of arbitration as described below, all claims shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy and/or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. All information relating to and/or disclosed by any party in connection with the arbitration of any disputes shall be treated by the parties, their representatives, and the arbitrator as proprietary business information and shall not be disclosed without prior written authorization of the disclosing party. The arbitration shall be held in DuPage County, Illinois USA or any other location we agree to. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Exceptions to Agreement to Arbitrate. Either you and/or ETHR LAB may assert claims, if it qualifies, in small claims court in DuPage County, Illinois. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use and/or abuse of the Services, breach of ETHR LAB’ confidential information and/or intellectual property infringement (for example, trademark, trade secret, copyright and/or patent rights) without first engaging in arbitration and/or the informal dispute-resolution process described herein.
Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you and/or your claim, you and ETHR LAB agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of DuPage County, Illinois. Both you and ETHR LAB consent to the foregoing venue and jurisdiction.
DMCA COPYRIGHT POLICY AND COPYRIGHT AGENT
ETHR LAB respects the intellectual property rights of others and expects you to do the same. We reserve the right to block access to and/or remove material that we believe in good faith to be copyrighted material that has been illegally distributed by you and/or other third parties and remove and discontinue service to repeat offenders. We will respond to clear notices of copyright infringement when you provide the following:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed;
(c) 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;
(d) information sufficient to permit ETHR LAB to contact you, such as your physical address, telephone number, and, if available, an electronic mail address;
(e) 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; and
(f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Contact information for ETHR LAB’s DMCA Agent for notice of claims of copyright infringement is: ETHR LAB Attn: Copyright Agent, 1S550 IL-83, Oakbrook Terrace, Illinois 60181
The Copyright Agent will not remove content from the Site in response to phone or email notifications regarding allegedly infringing content, since a valid DMCA notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. Please submit such notifications by ordinary mail only and as further described by this Section. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on the Site linked to and/or from the Site. All other inquiries directed to the Copyright Agent will not be responded to.
MISCELLANEOUS
If any provision and/or term of this Agreement shall become and/or be declared illegal, invalid and/or unenforceable for any reason whatsoever, such term and/or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from it. This Agreement shall be governed in all respects by the laws of the State of Illinois, without reference to its choice of law rules. If an applicable law is in conflict with any part of this Agreement, this Agreement will be deemed modified to conform to the law and the other provisions will not be affected by any such modification. No waiver by either you and/or ETHR LAB of any breach and/or default and/or failure to exercise any right allowed under this Agreement is a waiver of any preceding and/or subsequent breach and/or default and/or waiver and/or forfeiture of any similar and/or future rights under this Agreement. This Agreement along with the Privacy Policy and any additional terms, rules or regulations posted on the Site or provided in conjunction with the Service constitutes the entire agreement between you and ETHR LAB and govern your use of the Services, superseding any prior agreements between you and ETHR LAB.
Contact us: If you would like to request additional information regarding this Agreement, please contact us at hello@ethr-lab.com.
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