Trusted Health Products Customer Rewards Club
– Terms & Conditions
This agreement is by and between Trusted Health Products, Inc. (THP) and you, the Customer Rewards Member. Unless the context requires otherwise, Trusted Health Products, Inc. and/or their assigns shall be referred to as “THP, us, we, or our” and you shall be referred to as “you, your, rewards member, member, or participant.”
Receiving Rewards Points:
Once you are an active rewards member, your trustedhealthproducts.com customer account will receive rewards points each time you place and order with us, and anytime your referrals place an order with us. A referral is someone who you have referred to us by sharing your referral link. When they click your link and place their first order, you’ll receive points for their order and you’ll also receive points for any order they place in the future, under that same customer account. (If they create multiple customer accounts, only the one linked to you will contribute to your rewards points.)
Points are given based on a percentage of the order placed and on other factors. The table of current rewards points can be found at http://www.trustedhealthproducts.com/rewards.
The amount of rewards points given can be changed by us at any time.
Using Rewards Points:
Your rewards points balance will accumulate as you and your referrals place orders. You can check your balance at any time under My Account > Rewards.
You may choose to use some or all of your rewards points during the checkout process on our website, or when you call to place an order.
- Points for rewards members accumulate automatically with qualifying orders, and can be applied as discounts toward future orders.
- 1 point = $1.00 in purchasing power.
- Points may be redeemed toward discounts on any retail product orders (does not include ‘free’ product promo’s, wholesale or professional packs).
- Points max out at 300 points (= $300.00 in purchase credit). All points earned over 300 do not get credited to you, so be sure to use points anytime you get close to reaching the 300 point max.
- Limit one rewards member OR one affiliate, per household (not more than one permitted, and not one of each permitted).
- Affiliates cannot be rewards members, and rewards members cannot be affiliates.
- Only product costs are included in points. No shipping or tax charges are included.
- Points cannot be converted to cash payments, but are only for credit toward future purchases. To receive cash back for referral purchase you would have to opt out of the Rewards Program and join the Affiliate Program.
- Points are figured on net order values after discounts are applied. You will still pay shipping and any applicable tax.
- Please note that the rewards credit you earn does not come from the customers you refer. It comes from a portion of our advertising and marketing budget, which was set aside to thank our loyal customers.
- Points have no cash value.
- Points are non-transferable to another customer.
- You cannot receive rewards points for referring a customer who has the same shipping or billing address as you.
You may share your referral link and coupon code(s) on a personal blog, through email, or any available social media accounts (e.g. Facebook, Twitter, Google+, etc.) subject to the terms and conditions of those accounts. However, your social media profile may not contain an avatar (online profile, image, bio info, forum profile) or any other content that could be interpreted as being managed by us. Likewise, your blog, website or social media pages may not resemble our websites or include any content that could be on its own or in the aggregate be interpreted to indicate an affiliation with us, including, but not limited to, use of any our trade name, trademark, trade dress, copyrighted material, or any similar protected content.
You may also email your referral link and coupon code(s) or send a text message to friends and family. In doing so, you represent and warrant that you will not engage in and/or facilitate spamming, unsolicited commercial email or otherwise fail to comply with the CAN-SPAM Act of 2003 (Public Law 108-187) or any successor legislation, and/or any other laws and/or regulations that govern email marketing and/or communications.
You may not purchase or use domain names that include the word “Trusted Health Products”, “OraMD”, or certain variations and misspellings of those and our other product/trade names. We don’t want to confuse the general public about which are the official THP websites.
We don’t want to confuse the general public about which are the official THP mobile applications, so you may not create one that looks similar to any THP apps. Your app may not integrate and/or use our app in any way. Likewise, you are not permitted to participate in any advertising as the Rewards Program is not intended for commercial purposes.
No Statements Regarding Product Claims:
You represent and warrant that you will not make any statements and/or product claims not approved by the United States Food and Drug Administration or Federal Trade Commission. If you are unsure about the answer about a product or service, refer others to the manufacturer directly. On each product page we have direct links to the manufacturer’s website.
Product Legal Disclaimers:
Statements made by THP have not been evaluated by the Food and Drug Administration. The FDA does not evaluate or test cosmetic or pure all-natural and pure herbal products. Our products are not intended to diagnose, treat, cure or prevent any illness or disease. Consult with your physician for diagnosis or treatment. Always use products as per instructions and always watch for any allergic reactions.
The information presented on THP Sites is not presented with the intention of diagnosing any disease or condition or prescribing any treatment. It is offered as information only, for use in the maintenance and promotion of good health in cooperation with a licensed medical practitioner.
In the event that any individual should use the information presented on THP Sites without a licensed medical practitioner’s approval, that individual will be diagnosing him or herself. The information offered is based solely on the traditional and historic use of a given natural ingredient, or on clinical trials that are generally not recognized by any US government agency or medical organization.
This information has not been evaluated by the US Food and Drug Administration, nor has it gone through the rigorous (and very costly) double-blind studies required before a particular product can be deemed truly beneficial or potentially dangerous and prescribed in the treatment of any condition or disease.
Product Returns and Refunds:
We offer our customers a 100% Money Back Guarantee on our products. If a customer receives a refund for returned merchandise within the time period of the guarantee, the rewards points associated with that order may be deducted from your points balance.
Modification and Termination of the Rewards Program:
We may modify the terms of this Agreement and/or terminate the Rewards Program at any time and by our sole discretion, by posting a change or termination notice on Trustedhealthproducts.com, a country-specific website, mobile website, mobile app or THP Rewards website. Modifications may include, for example, changes in the scope of available referral rewards, reward schedules, redemption procedures and applicable rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE YOUR PARTICIPATION IN THE APPLICABLE PROGRAM. YOUR CONTINUED PARTICIPATION IN THE APPLICABLE PROGRAM WILL CONSTITUTE BINDING ACCEPTANCE OF ANY CHANGES. In the event of termination of the Rewards Program by us, our obligation is to distribute Rewards Program rewards to you, in our sole discretion.
Either we or you may terminate your Rewards Program participation at any time, with or without cause, by giving the other party written notice of termination. Notice of termination may be given to you using the email address you provided during the registration process. Notice of termination may be given to us by sending an email to: firstname.lastname@example.org. You are only eligible to accumulate referral rewards on sales occurring during the term of your Rewards Program participation.
We may terminate your account:
(a) if you violate our Terms Of Service Policy; (b) promote Trusted Health Products, Inc. in a manner that is unethical, inappropriate, or otherwise against our promotion policy; (c) use your referral link in a way that is not permitted by our terms; or (d) for any reason, in our sole discretion.
We reserve the right to terminate any account if we deem the account is linked to fraudulent referrals, reviews, disputed purchases or credit card charges; spam (unsolicited email) and indiscriminate advertising, or intentional misuse of the Rewards Program including, but not limited to, using more than one account.
Any misuse of the Rewards Program will result in immediate termination and forfeiture of all accumulated Rewards.
WE RESERVE THE RIGHT TO TERMINATE THE REWARDS PROGRAM AT ANY TIME AND IN OUR SOLE DISCRETION.
Notification of Account Changes:
You agree to provide us with such other information relating to your use of this service as we deem necessary or desirable. You agree to notify us if your address, email address, telephone number, billing or shipping information changes.
Participation in the rewards program is voluntary. All accounts must be in the name of a living person, not a business entity.
You will be responsible for any and all tax liability arising from any rewards you accumulate under the Rewards Program. If we believe you are a rewards member from whom we are obligated to obtain tax information and you do not provide this information to us after we have requested it, we may withhold your rewards points until you provide this information or otherwise satisfy us that you are not a person from whom we are required to obtain tax information.
Trusted Health Products, Inc. is committed to respecting and protecting the privacy of visitors to our web sites as well as the privacy of our actual customers. We have never rented, leased, or sold any customer information – and never will.
What personally identifiable information is collected from Visitors?
Trusted Health Products, Inc. collects information in several ways from different parts of our web site. The primary goal of Trusted Health Products, Inc. in collecting personal information is to provide you, the user, with a customized experience and to assist your navigation throughout this web site. When you visit our web site, our web server collects basic visitor information about you that includes your ISP’s domain, the time you accessed our web site, and the pages from within our web site that you visit. The web server may also collect other information such as the web browser that you are using (which may also include operating system information) and the page that you came from before visiting this page on our server.
Trusted Health Products, Inc. may collect aggregated, anonymous data about Visitors, including, for example, the number of unique views received by the Web site, the domains from which such Visitors originate, and similar information that does not identify any particular User.
How do we use the information collected from Visitors?
The basic user information collected is used to help us analyze web traffic and to improve the content of our web site. Cookies may be used to facilitate your customer interaction with us. Cookies are small pieces of information that a web site can store in a designated file on your computer. Cookies allow a web application to respond to you as an individual. By gathering and remembering information about your preferences, the web application can tailor its operation to your needs, likes, and dislikes. We may from time to time disclose to third parties aggregate information on our web site’s traffic profile. For example, Internet advertising companies may require this data to help us better target our advertisements on our web site(s) and/or other web sites. Note that our site may provide links to products and services offered by other companies; the company’s web site that you link to will be able to determine that you linked from our web site.
What information is collected from Customers?
Trusted Health Products, Inc. collects information in several ways from different parts of our web site. When you sign up for Trusted Health Products, Inc.’s services, you provide us with both contact and payment information. Contact information typically includes your name, address, phone number and domain name. Payment information typically includes your credit card number. While you are a Trusted Health Products, Inc. customer, we manage information with regard to your account status, choice of services, and customer logs. In addition, we may store customers’ electronic mail and other communications as a necessary incident to the transmission and delivery of those communications.
How can you access, update or delete your information?
Through your personal control panel we will provide you with the means to ensure that your personal information is correct and current.
How do we use the information collected from Customers?
We use the contact information you provide us to establish our service for you. We use payment information for payment processing purposes only. We create and maintain other information such as customer account status, choice of services, and customer logs in the normal course of providing service. Trusted Health Products, Inc. may share customer information with selected partners, for example, to provide you with information about products which might be of interest to you or to enable you to take advantage of special partner programs. Trusted Health Products, Inc. may also use customer information to provide customers with system information or information about new or upgraded products. We will not otherwise disclose customer personal and account information unless we have reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of Trusted Health Products, Inc., our customers, or others, or where Trusted Health Products, Inc. has a good faith belief that the law requires such disclosure. Trusted Health Products, Inc. also will not, except for reasons stated below, disclose to third parties the contents of any electronic mail or other electronic communications that Trusted Health Products, Inc. stores or transmits for its customers. The circumstances under which Trusted Health Products, Inc. will disclose such electronic customer communications are when: It is necessary in order to provide service to the customer; It is necessary to protect the legitimate interests of Trusted Health Products, Inc. and its customers; It is required to cooperate with interception orders, warrants, or other legal process that Trusted Health Products, Inc. determines in its sole discretion to be valid and enforceable; and It is necessary to provide to a law enforcement agency when the contents are inadvertently obtained by Trusted Health Products, Inc. and appear to pertain to the commission of a crime. Trusted Health Products, Inc. disclaims any intention to censor, edit, or engage in ongoing review or surveillance of communications stored on or transmitted through its facilities by customers or others. Trusted Health Products, Inc. will, however, review, delete, or block access to communications that may harm Trusted Health Products, Inc., its customers or third parties. The grounds on which Trusted Health Products, Inc. may take such action include, but are not limited to, actual or potential violations of Trusted Health Products, Inc.’s Terms of Service. Customers may opt out of receiving newsletters and/or notices of new or upgraded products and services from Trusted Health Products, Inc. by sending a request to email@example.com. In this request, customers must identify their domain name and contact information. Please note, however, that Trusted Health Products, Inc. reserves the right to send bulletins and other important information regarding our services at our discretion.
What are the kinds of security precautions that are in place to protect the loss, misuse, or alteration of your information?
Other than authorized personnel of Trusted Health Products, Inc., you are the only person who has access to your personal information. Your account is password-protected to prevent unauthorized access. We recommend that you do not divulge your password to anyone. Trusted Health Products, Inc. will never ask you for your password in an unsolicited phone call or in an unsolicited email. As an extra security precaution, you may want to logoff once you have completed a communications session with our servers via FTP, your Control Panel, or other means. This is to ensure that others cannot access your personal information and correspondence if you share a computer with someone else or are using a computer in a public place like a library or Internet cafe. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, Trusted Health Products, Inc. cannot ensure or warrant the security of any information you transmit to us or from our online services, and you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems.
How does Trusted Health Products, Inc. protect children’s privacy?
Trustedhealthproducts.com is a general audience web site. Children should always ask a parent for permission before sending personal information to anyone online. Trusted Health Products, Inc. does not share personal information about users under the age of 13 with third parties and we do not sell or rent personal information about any of our users, regardless of age. In addition, Trusted Health Products, Inc. will not send any direct email offers to users who indicate they are under the age of 13. As a result of the new Children’s Online Privacy Protection Act (COPPA) in the United States, we are required to prohibit children under 13 who reside in the U.S. from using any of the features of our site that require them to submit information via forms. This is due to the onerous reporting and verification requirements that this new law places on web sites that allow children under 13 to submit information via forms. Since we do not have the large, dedicated staff that would be necessary to comply with these requirements, our only option in order to remain in compliance with the law is to prohibit all children under 13 who reside in the U.S. from posting any information via forms on our web site. Therefore, children under 13 who reside in the U.S. should not submit any information via forms on our web site, and if you submit such information, you warrant that you are either over the age of 13 or not located in the U.S. and thus not subject to COPPA.
What else should you know about your online privacy?
Ultimately, you are solely responsible for maintaining the secrecy of your passwords and/or any account information. Please be careful and responsible whenever you’re online.
Can changes be made to this Policy?
THE REWARDS PROGRAM IS BEING PROVIDED TO YOU “AS IS”, WITH NO EXPRESS OR IMPLIED WARRANTY OR CONDITIONS. WE EXCLUDE ALL CONDITIONS, REPRESENTATIONS, WARRANTIES AND OTHER TERMS WHICH OTHERWISE MIGHT BE IMPLIED OR INCORPORATED INTO THIS AGREEMENT TO THE MAXIMUM EXTENT PERMITTED BY LAW. THIS INCLUDES BUT IS NOT LIMITED TO IMPLIED WARRANTIES AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
You understand that Trusted Health Products, Inc. and/or their assigns does not guarantee or predict any type of discounts or other results from said services. You agree to hold Trusted Health Products, Inc. harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which Trusted Health Products, Inc. and/or their assigns may become subject arising out of or relating in any way to the use of the products and services provided under this agreement, including, without limitation, in each case attorneys’ fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.
Authority & Domestic Use:
By using our Site, you represent and agree that you are at least 18 years of age or older and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in this Agreement; otherwise, please exit the Site. The Site is not intended or designed to attract users under the age of 18. We do not collect personal information from any person we know to be under the age of 18. If you are under the age of 18, you are not permitted to disclose or send to us any personal information.
YOU AGREE THAT THE USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT. TRUSTED HEALTH PRODUCTS AND OTHER AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES, SUCCESSORS AND ASSIGNS OF ANY OF THEM (COLLECTIVELY, “TRUSTED HEALTH PRODUCTS ENTITIES”) 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.
TRUSTED HEALTH PRODUCTS ENTITIES MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, THE SITE WILL BE TIMELY, SECURE, ERROR FREE OR UNINTERRUPTED, THE RESULTS OBTAINED FROM THE SITE WILL BE ACCURATE OR RELIABLE, THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS AND ANY SITE ERRORS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. NO INFORMATION OBTAINED BY YOU FROM TRUSTED HEALTH PRODUCTS ENTITIES OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL PRODUCTS AND SERVICES PURCHASED THROUGH THE SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS OR SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TRUSTED HEALTH PRODUCTS ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE TRUSTED HEALTH PRODUCTS ENTITIES EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS ATTRIBUTABLE TO NORMAL WEAR, PRODUCT MISUSE OR MODIFICATION, ABUSE, INCORRECT PRODUCT SELECTION AND NOT FOLLOWING PRINTED DIRECTIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRUSTED HEALTH PRODUCTS ENTITIES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, INCLUDING ANY LIABILITY AS APUBLISHER OF INFORMATION, RESELLER OF ANY PRODUCTS OR SERVICES, FOR ANY DEFECTIVE PRODUCTS, FOR ANY INCORRECT INFORMATION OR INACCURATE INFORMATION, FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR FOR ANY OTHER MATTER RELATING TO THE SITE OR ANY THIRD PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF TRUSTED HEALTH PRODUCTS ENTITIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE ARRANGEMENT BETWEEN TRUSTED HEALTH PRODUCTS AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF TRUSTED HEALTH PRODUCTS ENTITIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM TRUSTED HEALTH PRODUCTS ON THE SITE.
You agree to indemnify, defend and hold harmless Trusted Health Products from and against all losses, expenses, costs and damages including attorney’s fees resulting from your use of or contact on the Site, your use or your inability to use the Site or services, any products or services purchased or obtained by you in connection with the Site, any Site postings or activity related to your account made by you or another person, your violation of any terms of this Agreement, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. You agree to cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will still be required to indemnify us for the attorney fees and expenses in addition to any losses, claims, damages and liabilities incurred by us. You shall not in any event settle any matter without prior written consent of Trusted Health Products.
Copyright, Trademarks and other Intellectual Property:
You acknowledge that all materials on the Site the Reviews and Rewards Programs, including the Site’s design, text, graphics, sounds, pictures, software and other files and the selection and arrangement thereof, (collectively, “Materials”), are our property and are subject to and protected by United States and international copyright and other intellectual property laws and rights. The trademarks, service marks, trade names, and logos (collectively, “Marks”) contained on the Site, including without limitation Trusted Health Products are the sole property of Trusted Health Products and may not be copied or otherwise used, in whole or in part without the prior written authorization of Trusted Health Products. In addition all page headers, custom graphics and custom icons are Marks of Trusted Health Products and may not be copied or otherwise used, in whole or in part without the prior written authorization of Trusted Health Products. Other copyrights, trademarks, product names, company names, logos or intellectual property are the property of the respective owners with all rights reserved. Any use of any Materials or Marks owned by Trusted Health Products is considered an infringement or our intellectual property rights (including patent rights) and will be legally pursued as such.
This Agreement constitutes the only Agreement between us and you with respect to the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement.
If any provision of this Agreement is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remainder of this Agreement will remain in force. When used in this Agreement, the term “including” will be deemed to be followed by the words “without limitation”.
Applicable Law; Jurisdiction; Dispute Resolution and Class Waiver:
All questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by and construed in accordance with the domestic laws of the State of Kentucky, without giving effect to any choice of law or conflict of law.
To the fullest extent permitted by law, you and Trusted Health Products Entities agree to arbitrate any controversy, claim or dispute arising out of or in any way related to this Agreement.
YOU AND TRUSTED HEALTH PRODUCTS ENTITIES EXPRESSLY AGREE TO ARBITRATE ANY CONTROVERSY, CLAIM OR DISPUTE ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT IN YOUR AND ITS/THEIR INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL OR ENTITY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
The mutual promise by you and Trusted Health Products Entities to arbitrate any and all disputes, and to do so on an individual basis, rather than to litigate before the courts or other bodies, provides the mutual consideration for this agreement to arbitrate.
Either party may exercise the right to arbitrate by providing the other party with written notice of any and all claims forming the basis of such right in sufficient detail to inform the other party of the substance of such claims. In no event shall the request for arbitration be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations.
The arbitration will be conducted in Fayette County, Kentucky by a single neutral arbitrator and in accordance with the then current rules for resolution of disputes of the American Arbitration Association (AAA) (available on line at www.adr.org). The parties are entitled to representation by an attorney or other representative of their choosing. The parties agree to abide by and perform any award rendered by the arbitrator. The arbitrator shall issue the award in writing and therein state the essential findings and conclusions on which the award is based. Judgment on the award may be entered in any court having jurisdiction thereof.
You and Trusted Health Products Entities shall bear the costs of the arbitrator, forum and filing fees on an equal basis. The prevailing party, as determined by the arbitrator, shall be entitled to an award of its reasonable attorney fees.
You may not assign this Agreement, by operation of law or otherwise, without our prior written consent.
You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or will be permanently barred. The “Liability Disclaimer” provisions of this Agreement are for the benefit of Trusted Health Products Entities as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against your on its own behalf.
A party shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO ALL THE TERMS OF THIS AGREEMENT AND THE REWARDS PROGRAM. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE REWARDS PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.