Terms and Conditions
These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the culturedhealth.org website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User,” “you,” or “your”) and Cultured Healthcare Foundation (“Cultured Healthcare Foundation,” “w,” “us,” or “our”). If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User,” “you,” or “your” shall refer to such entity.
If you do not have such authority or do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Cultured Healthcare Foundation, even though it is electronic and you have not physically signed it. It governs your use of the Website and Services.
Accounts and membership
Suppose you create an account on the Website. In that case, you are responsible for maintaining your account's security and entirely responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized use of your account or other security breaches.
We will not be liable for any acts or omissions by you, including any damages incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the preceding reasons, you may not re-register for our Services. We may block your email and Internet protocol addresses to prevent further registration.
User content
We do not own any data, information, or material (collectively, “Content”) you submit on the Website while using the Service. You shall be solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or suitable use of all submitted Content. We may monitor and review the Content on the Website submitted or created using our Services.
You grant us permission to access, copy, distribute, store, transmit, reformat, display, and perform the Content of your user account solely as required to provide the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish, or distribute the Content created by you or stored in your user account for commercial, marketing, or any similar purpose.
Billing and payments
You shall pay all fees or charges to your account using the fees, charges, and billing terms in effect when a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends and not when you enter your billing details (which may be necessary before the commencement of the free trial period). If auto-renewal is enabled for the Services you have subscribed to, your payment information will be securely saved, and you will be charged automatically by the term you selected. Sensitive and private data exchange happens over an SSL-secured communication channel and is encrypted and protected with digital signatures; the Website and Services also comply with PCI vulnerability standards, creating an environment that is as secure as possible for users. Scans for malware are performed regularly for additional security and protection.
If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification and a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, household, or order at your sole discretion. These restrictions may include orders placed by or under the same customer account credit card and orders using the same billing and shipping address. If we change or cancel an order, we may attempt to notify you by contacting the email and billing address/phone number provided when the order was made.
Accuracy of information
Occasionally, there may be information on the Website containing typographical errors, inaccuracies, or omissions related to promotions and offers. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Website or Services is inaccurate without prior notice (including after submitting your order). We undertake no obligation to update, amend, or clarify information on the Website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.
Third-party services
If you decide to enable, access, or use third-party services, be advised that your access and use are governed solely by the terms and conditions of such other services. We do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or how they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Cultured Healthcare Foundation concerning such other services. Cultured Healthcare Foundation is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access, or use of any such other services or your reliance on the privacy practices, data security processes, or other policies of such other services. You may be required to register for or log into other services on their platforms. By enabling any other services, you expressly permit Cultured Healthcare Foundation to disclose your data as necessary to facilitate the use or enablement of such services.
Uptime guarantee
We offer a Service uptime guarantee of 99% of available time per month. The service uptime guarantee does not apply to service interruptions caused by:
(1) periodic scheduled maintenance or repairs we may undertake from time to time;
(2) interruptions caused by you or your activities;
(3) outages that do not affect core Service functionality;
(4) causes beyond our control or that are not reasonably foreseeable;
and (5) outages related to the reliability of specific programming environments.
Backups
We perform regular backups of the Website and its Content and will do our best to ensure the completeness and accuracy of these backups. In case of a hardware failure or data loss, we will restore backups automatically to minimize the impact and downtime.
Links to other resources
Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we do not, directly or indirectly, imply any approval, association, sponsorship, endorsement, or affiliation with any linked resource unless expressly stated herein. Some of the links on the Website may be “affiliate links.” Cultured Healthcare Foundation will receive an affiliate commission if you click on the link and purchase an item.
We are not responsible for examining or evaluating, and we do not warrant the offerings of any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for other third parties' actions, products, services, or content. You should carefully review the legal statements and other conditions of use of any resource you access through a link on the Website. Your linking to any other off-site resources is at your own risk.
Prohibited uses
In addition to other terms, as outlined in the Agreement, you are prohibited from using the Website and Services or Content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third-party products and services, or the Internet;
(h) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(i) for any obscene or immoral purpose;
or (j) to interfere with or circumvent the security features of the Website and Services, third-party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating prohibited uses.
Intellectual property rights
“Intellectual Property Rights” means all present and future rights conferred by statute, common law, or equity in or about any copyright and related rights, trademarks, designs, patents, inventions, goodwill, and the right to sue for passing of rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which sexist or will exist now or in the future in any part of the world.
This Agreement does not transfer to you any intellectual property owned by Cultured Healthcare Foundation or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Cultured Healthcare Foundation. All trademarks, service marks, graphics, and logos connected with the Website and Services are trademarks or registered trademarks of Cultured Healthcare Foundation or its licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website and Services may be the trademarks of other third parties. Using the Website and Services grants you no right or license to reproduce or otherwise use any Cultured Healthcare Foundation or third-party trademarks.
Disclaimer of warranty
You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Website and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that the Services will meet your requirement or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected.
You understand and agree that any material and data downloaded or otherwise obtained through the Service is done at your discretion and risk. You will be solely responsible for any damage or loss of data resulting from downloading such material and data. Unless stated otherwise, we make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will Cultured Healthcare Foundation, its affiliates, directors, officers, employees, agents, suppliers, or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of the content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages.
To the maximum extent permitted by applicable law, the aggregate liability of Cultured Healthcare Foundation and its affiliates, officers, employees, agents, suppliers, and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts paid in cash by you to Cultured Healthcare Foundation for the prior one month period before the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or failure of its essential purpose.
Indemnification
You agree to indemnify and hold Cultured Healthcare Foundation and its affiliates, directors, officers, employees, agents, suppliers, and licensors harmless from and against any liabilities, losses, damage, or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.
Severability
All rights and restrictions contained in this Agreement may be exercised. They shall apply and be binding only to the extent that they do not violate relevant laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid, or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be unlawful, invalid, or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement concerning the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Dispute resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Ohio, United States, without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Ohio, United States, and you, at this moment, to submit to the personal jurisdiction of such courts. At this moment, you are to waive any right to a jury trial in any proceeding arising from or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Assignment
You may not assign, resell, sub-license, use, or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
Changes and amendments
We reserve the right to modify this Agreement or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
An updated version of this Agreement will be effective immediately upon posting the revised Agreement unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Service, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.
Contacting us
If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:
https://www.culturedhealthcare.org/contact
This document was last updated on November 23, 2024