This License Agreement (“Agreement”) is an agreement between MyRelevium, LLC (“MyRelevium”), and you (“You” or “Your”) and governs Your use of the all products and services provided by MyRelevium to You through its website at www.ibsreliefnow.com and related sites (“Website”).
BY PURCHASING OR USING ANY PRODUCT OR SERVICE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT DO NOT USE OR PURCHASE THE PRODUCTS OR SERVICES.
1. COVERED PRODUCT
1. Product. This Agreement covers, and the term “Product” includes, all products and services provided, or made available to You by MyRelevium including, but not limited to: (a) instructional videos; (b) written materials or resources; (c) personal instructions and exercises; (d) writing exercises; (e) online materials or resources; and/or (f) advice or counsel (collectively, the “Product”). The Product expressly includes any products, programs, resources, and materials, and any fixes, updates, upgrades, or later versions of or to the Product, provided or made available to You.
2. Communication With MyRelevium. The term “Product” expressly includes all communications of any kind between MyRelevium and You or Your representative, agent, or advocates. Nothing in any such communication, whether express or implied, will change any term or condition of this Agreement.
3. Product is Not a Medical Service or a Replacement for Medical Care. You agree that the Product does not constitute medical advice, treatment, or care and is not a substitute for medical advice, treatment, or care. MyRelevium does not employ any physicians and does not provide such care or treatment. YOU AGREE TO SEEK MEDICAL CARE FROM YOUR PHYSICIAN REGARDING ANY AND ALL HEALTH CONCERNS YOU MAY HAVE. IRRITABLE BOWEL SYNDROME AND ASSOCIATED SYMPTOMS MAY BE CAUSED BY SERIOUS MEDICAL CONDITIONS WHICH MUST BE RULED OUT BEFORE USING THE PRODUCT PROVIDED AT MYRELEVIUM WHICH ARE DESIGNED AS A HOLISTIC SUPPLEMENT AND DO NOT REPLACE MEDICAL ADVICE, TREATMENT, OR CARE.
1. COPYRIGHT AND TRADMARK OWNERSHIP, LICENSE GRANT
1. Exclusive Ownership. You understand and agree that MyRelevium is the sole owner of the Product and all copyrights, trademarks, and other intellectual property rights, and interests associated with the Product.
2. Copyright and Trademark Rights. You understand and agree that the Product is protected by US Copyright Law and other intellectual property laws and treaties. You understand that violation of these laws carries serious civil and criminal penalties. You agree that Your use of the Product is strictly limited under this Agreement. You will not remove or alter any copyright, trademark, or other intellectual property notices contained on or provided through the Product or Website (including for the purpose of disguising or changing any indications of the ownership or source of any content).
3. License Grant. MyRelevium hereby grants You a limited, non-exclusive, revocable, non-transferable, non-sublicensable license (“License”) to use the Product, in accordance with the restrictions in this Agreement. This License allows You to access the Product for Your personal, non-commercial use.
1. RESTRICTIONS ON USE OF PRODUCT AND WEBSITE
1. PERSONAL USE ONLY. YOU UNDERSTAND AND AGREE THAT THE LICENSE GRANTED TO YOU UNDER THIS AGREEMENT IS STRICTLY LIMITED TO ALLOW ONLY FOR YOUR PERSONAL USE OF THE PRODUCT. YOU MAY NOT TRANSFER, ASSIGN, OR ALLOW ANY OTHER PERSON TO USE THE PRODUCT.
2. Limitations. Without limiting Section 4.1, You agree that You:
1. will not: distribute, share, provide, disclose, make available, or allow use of the Product to any other person or entity;
2. will not reverse-engineer, decompile, disassemble, copy, duplicate, reproduce, retransmit, redistribute, disseminate, broadcast, or circulate the Product to any person or entity;
3. will not modify, edit, or change the Product in any way;
4. will not create any derivative works (including, without limitation, translations, transformations, adaptations, modifications, or other recast or altered versions) based on the Product;
5. will not sell, re-sell, sublicense, assign, convey, or otherwise transfer the Product to any person or entity;
6. will not submit the Product or any modified version thereof to any government agency for licensing consideration or other regulatory approval;
7. will not use the name, copyrights, marks, logos, or other proprietary information of MyRelevium and will not remove them from the Product;
8. will not allow any other party or entity to do any of the above restricted activities;
9. will not circumvent any technology used by MyRelevium or any third party to protect the Product or Website;
10. will not provide Your password to any other person or use any other person’s username and password;
11. will not engage in “crawling” the Website or otherwise use any automated means (including bots, scrapers, and spiders) to collect information from MyRelevium;
12. will not include any malicious content such as malware, Trojan horses, or viruses, or otherwise interfere with the Website or any user’s access to the Product; and
13. will not interfere with or in any way disrupt the Product, tamper with, breach, or attempt to probe, scan, or test for vulnerabilities in the Product or MyRelevium’s computer systems, network, usage rules, or any of MyRelevium’s security components, authentication measures or any other protection measures applicable to the Product, the Website or any part thereof.
1. Limitations on Age and Consent. In order to use the Product and the Website, You must (1) be 18 or older, (2) have the power to enter a binding contract and not be barred from doing so under any applicable laws, and (3) be resident in the United States. You also promise that any registration information that You submit to MyRelevium is true, accurate, and complete, and You agree to keep it that way at all times.
2. Passwords. Your password protects your user account, and You are solely responsible for keeping Your password confidential and secure. You understand that you are responsible for all use of Your username and password on the Website. If Your username or password is lost or stolen, or if You believe there has been unauthorized access to Your account by third parties, please notify us immediately and change Your password as soon as possible.
1. NO WARRANTIES AND EXCLUSIVE REMEDIES, LIMITATIONS ON LIABILITY
1. Product is Sold As-Is, Assumption of all Risks. You understand and agree that the Product is provided to You by MyRelevium on an “as is” and “as available” basis, with all faults. The Product was neither created nor reviewed by a medical doctor. You agree that Your use of the Product is at Your sole risk. You assume all risks associated with use of or reliance on the Product or the Website.
2. No Warranties or Guarantees. You understand and agree that MyRelevium makes no express or implied warranty, guarantee, or representation concerning the adequacy, completeness, usefulness, or sufficiency of the Product, or any result, outcome, or effect thereof. MyRelevium does not warrant, represent, or guarantee that the Product will alleviate any of Your symptoms, will result in Your intended effect, or will perform or be error-free.
3. No Responsibility. MyRelevium shall not be responsible in any manner for:
1. Your use or reliance on the Product or use of the Website;
2. Any damage to Your person or property, including personal injury or death caused by the use of or reliance on the Product; or
3. Any viruses imported into the Product from or through any computer, electronic device, or other property during download or use of the Product, including but not limited to loss or corruption of data, damage to programs, applications, or devices on which You utilize or attempt to utilize the Product.
1. DISCLAIMER. MYRELEVIUM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTY OF MERCHANTABILITY, IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND IMPLIED WARRANTY OF NON-INFRINGEMENT.
2. EXCLUSIVE REMEDY. YOU AGREE THAT MYRELEVIUM’S SOLE LIABILITY, AND YOUR SOLE REMEDY, FOR ANY AND ALL CLAIMS, INJURY, OR DAMAGES RELATED TO THE PRODUCT SHALL BE, AT MYRELEVIUM’S SOLE DISCRETION, REPAIR AND REPLACEMENT OF THE PRODUCT OR REFUND OF THE PURCHASE PRICE YOU PAID FOR THE PRODUCT.
3. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MYRELEVIUM, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUCCESSORS, OR ASSIGNS, BE LIABLE FOR (1) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT, OR THE WEBSITE, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER MYRELEVIUM HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCT OR USE OF THE WEBSITE MORE THAN THE AMOUNTS PAID BY YOU TO MYRELEVIUM, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
4. No Liability for Third Party Action or Inaction. MyRelevium shall have no responsibility or liability to You with regard to actions or inactions of, or problems caused by, any third party, including but not limited to third-party services, products, host websites, or online platforms.
1. TERM AND TERMINATION
1. Term. This Agreement, and the License granted to You under this Agreement, will continue until terminated by either You or MyRelevium.
2. Termination. You may terminate Your use of the Product at any time by permanently destroying all original versions and copies of the Product. MyRelevium may terminate this Agreement and Your License to use the Product upon thirty (30) days advanced written notice to You with or without cause. In addition, if You violate any term of this Agreement, MyRelevium may terminate this Agreement immediately upon written notice.
3. Rights and Obligations Upon Termination. Upon termination, You agree to delete all original versions and copies of the Product in any form and to execute a Certificate of Destruction of the Product, in the form provided by MyRelevium, and to promptly provide such form to MyRelevium. MyRelevium is not required to refund any amount to You in the event this Agreement is terminated. Termination of this Agreement does not terminate any rights MyRelevium has under this Agreement or applicable law arising out of Your breach of this Agreement and/or Your violation of any intellectual property rights of MyRelevium. The terms and conditions of this Agreement shall survive termination of this Agreement.
1. Applicable Law. This Agreement is governed by and construed in accordance with the laws of the State of Minnesota, USA, without reference to conflict of laws principles. You expressly agree that any legal proceeding arising out of this Agreement must be brought in the Federal or State courts located in Hennepin County, Minnesota, USA, and You irrevocably submit to the exclusive jurisdiction of such courts.
2. Severability. If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, the remaining provisions will nevertheless remain in full force and effect.
3. Waiver. The failure of MyRelevium to enforce any term or condition of this Agreement does not constitute a waiver of MyRelevium’s rights to enforce subsequent breaches of any term or condition herein.
4. Binding Effect. You agree that this Agreement is of full force and effect and is binding on You and Your heirs, successors, and legal representatives.
5. Entire Agreement. This Agreement represents the only agreement between the parties concerning the subject matter hereof and supersedes all prior representations, warranties, understandings, and agreements, whether written, digital, or oral. This Agreement may not be altered, amended, or modified except by formal agreement in writing signed by an authorized representative of You and MyRelevium.
6. Attorneys’ Fees. If MyRelevium prevails in any action, suit, or proceeding arising from Your use of the Product or this Agreement, You agree that MyRelevium will be entitled to recover its reasonable attorneys’ fees, court costs, and other fees and disbursement incurred in such action, suit, or proceeding.
7. Refusal Rights. MyRelevium, in its sole discretion and without incurring liability, reserves the right to refuse to sell the Product or otherwise conduct business with any person except as prohibited by law.
8. Amendments. Occasionally MyRelevium may make changes to this Agreement. MyRelevium will provide You with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice on the Website or by sending You an email. In some cases, MyRelevium will notify You in advance, and Your continued use of the Product after the changes have been made will constitute Your acceptance of the changes. Please therefore make sure You read any such notice carefully. If You do not wish to continue using the Product under the new version of this Agreement, You may terminate this Agreement and stop using the Product.