Terms and Conditions

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1. Plain Language Summary

This summary provides a simplified overview of our Terms and Conditions to help you understand the key points. While it covers important aspects, it doesn't replace the full agreement. We encourage you to read the entire document for complete details.

Here are the key points of this agreement:

General Terms

• Your Agreement: By using our website or services, you are agreeing to all the terms laid out here, including those related to purchases, subscriptions, shipping, and any other interactions with us.
• Changes to Terms: We may update these terms periodically. We'll notify you of significant changes, but it's your responsibility to review the terms regularly.

Product and Health Information

• Diverse Product Offerings: We offer a variety of products, including those from Netrition, Sensato, PatchAid, Bariatric Eating, BariatricPal, and Low Acid Coffee, among many others.
• Health and Medical Information: Our products are not intended to diagnose, treat, cure, or prevent any disease. Always consult your healthcare provider, especially if you’ve undergone surgery, take medication, or have a pre-existing medical condition.
• Supplements and Medications: Supplements may interact with medications, so it's essential to check with your doctor before use. Results vary by individual, and no specific outcomes are guaranteed.
• Product Information Accuracy: We strive to provide accurate product descriptions and Supplement Facts. However, slight differences may occur due to natural ingredient variations. Always refer to the product label for the most current information.
• No Medical Advice: Information provided by Netrition is not a substitute for professional medical advice. It does not establish a doctor-patient relationship.

Purchases, Shipping, and Returns

• Purchases, Subscriptions, and Auto-Ship: When you make a purchase or subscribe, you will be billed according to the plan you choose. By signing up for our auto-ship “Subscribe and Save” program, you authorize us to charge your payment method and ship products on a recurring basis. You may cancel at any time by notifying us at least 2 business days before your next shipment.
• Shipping and Returns: Shipping times are estimates and depend on your location and carrier availability. For information on returns and refunds, please refer to our Return Policy.
• International Customers: International customers are responsible for complying with their local import laws, taxes, and duties. Netrition is not liable for issues or delays caused by international shipping regulations.

Legal and Dispute Resolution

• Behavior and Social Media Conduct: Please be respectful to our staff and community. Abusive, offensive, or harassing behavior is not tolerated. By interacting with us on social media or using our hashtags, you grant us permission to share your content for marketing purposes.
• Dispute Resolution: Any disputes must be resolved through binding arbitration, which means you waive your right to file a lawsuit or participate in a class action. You may opt out within 15 days of agreeing to these terms. Arbitration is meant to be faster and more efficient than court proceedings. We encourage attempting to resolve disputes through negotiation or mediation before arbitration.
• Privacy and Data Protection: We respect your privacy and manage your personal information according to our Privacy Policy. We comply with regulations like GDPR and CCPA, giving you control over your data, including access, correction, and deletion rights.
• Intellectual Property: All text, images, and other content on our website are protected by copyright. You cannot use or reproduce this content without our permission. Additionally, by posting reviews or other content, you grant us the right to use it for marketing purposes.

Account and Technical Information

• Account Management: You're responsible for maintaining the security of your account. We recommend using strong passwords and enabling two-factor authentication when available.
• Mobile App: If you use our mobile app, you agree to keep it updated and to grant necessary permissions for full functionality.
• Accessibility: We strive to make our services accessible to all users. If you encounter any accessibility issues, please contact our support team.

Pricing and Promotions

• Pricing and Promotions: We may display discounts or strikethrough prices to highlight savings. These prices and promotions are subject to change at any time, so review product details carefully before purchasing.
• Weight Loss Claims: Any weight loss results mentioned are based on the proper use of our products, in combination with a reduced-calorie diet and regular exercise. Results will vary, and we do not guarantee specific outcomes.

Remember, this summary is for your convenience and does not replace the full Terms and Conditions. Please refer to the complete document below for detailed information.

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2. Definitions

For the purposes of these Terms and Conditions, the following definitions apply:

• "Netrition," "we," "us," or "our": Refers to Netrition Inc., its affiliates, subsidiaries, and any of their respective employees, agents, or contractors.
• "User," "you," or "your": Any individual or entity that accesses, browses, registers, or uses our Services, regardless of whether they create an account or make a purchase.
• "Services": All features, functionalities, websites, mobile applications, online stores, content, and other platforms offered by Netrition, including the sale of Products and Digital Goods.
• "Products": Any goods sold, licensed, or distributed by Netrition, including but not limited to:
  • Nutritional supplements
  • Fitness equipment
  • Medical devices and wellness products
  • Digital content such as e-books and software (See also: Digital Goods)
  • Services provided by Netrition and third-party partners
• "Content": All materials provided through the Services, including but not limited to text, graphics, images, videos, audio, software, and user-generated content, regardless of the source.
• "Digital Goods": All digital products delivered electronically, such as software, e-books, online courses, and other content made available via our Services.
• "Account": A registered user profile that enables access to exclusive features, products, or services, including management of purchases and subscriptions.
• "Terms": These Terms and Conditions, along with all other policies, guidelines, or agreements that are incorporated by reference or provided through the Services.
• "Subscription": Any recurring payment plan or auto-renewal arrangement for Products or Services, including but not limited to auto-ship programs.
• "Intellectual Property": All proprietary rights owned by or licensed to Netrition, including but not limited to trademarks, service marks, logos, copyrights, patents, and trade secrets.
• "Third-Party Services": Services, tools, or content provided by external companies or partners that may be accessed through our Services but are not controlled by Netrition.
• "Affiliate Programs": Marketing arrangements in which third parties promote Netrition's Products or Services in exchange for commissions or other benefits.

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3. General Terms and Conditions

3.1 Acceptance of Terms

By accessing, browsing, or using any part of our Services, you expressly acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions in their entirety. This document forms a legally binding contract between you and Netrition. If you do not agree to these Terms, you must immediately cease using our Services.

3.2 Incorporated Policies

These Terms incorporate by reference the following policies, which are an integral part of our agreement with you:

• Privacy Policy
• Return Policy
• Shipping Policy

By using our Services, you agree to abide by these Terms and all incorporated policies.

3.3 Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website. We will indicate the date of the last update at the top of this document. Your continued use of our Services after any changes constitutes your acceptance of the modified Terms. If you do not agree with any changes, you must discontinue using our Services.

3.4 Eligibility and Capacity

To use our Services, you must be at least 18 years old or the age of majority in your jurisdiction, whichever is greater. By using our Services, you represent and warrant that:

• You are of legal age to form a binding contract with Netrition;
• You have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein;
• You are not prohibited from using the Services under the laws of your jurisdiction.

3.5 Account Responsibility

If you create an account with us, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account or password. If you believe there has been unauthorized use of your account, you must notify us immediately, and no later than within 24 hours of discovery.

3.6 Electronic Communications

By using our Services, you consent to receive communications from us electronically. We may communicate with you by email or by posting notices on our website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

3.7 Entire Agreement

These Terms, including all policies incorporated by reference, constitute the entire agreement between you and Netrition regarding the use of our Services, superseding any prior agreements between you and us.

3.8 Language Accessibility

These Terms are written in English. Translations into other languages may be provided for convenience. In the event of any conflict between a translated version and the English version, the English version shall control.

3.9 Dispute Resolution Preview

Any disputes arising from these Terms will be resolved through our dispute resolution process, as detailed in Section 13 of this document.

3.10 Severability Clause

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

3.11 Force Majeure

Netrition will not be liable for any failure or delay in performing its obligations where such failure or delay results from any cause that is beyond its reasonable control, including but not limited to natural disasters, strikes, war, government action, or acts of terrorism.

3.12 Waiver of Rights

The failure of Netrition to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

3.13 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Netrition's prior written consent. Netrition may assign these Terms in whole or in part at any time without your consent.

3.14 Feedback and Submissions

If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you.

3.15 Headings and Interpretation

The section and paragraph headings in these Terms are for convenience only and shall not affect their interpretation.

3.16 Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

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4. Health and Medical Disclaimers

4.1 No Medical Advice

The information provided by Netrition is for educational and informational purposes only and does not constitute medical, professional, or healthcare advice, diagnosis, or treatment. You should always consult with your healthcare provider before starting any new diet, exercise program, supplement, or medication, particularly if you have undergone surgery, are pregnant, nursing, have existing medical conditions, or are taking medications.

4.2 Product Liability

Netrition disclaims all liability for any adverse reactions, side effects, or health risks that may occur as a result of using our products. Individual results may vary. Users should follow all instructions and guidelines for product use as outlined on the packaging or provided by your healthcare professional. Any misuse or failure to follow guidelines is at the user’s own risk.

4.3 Accuracy of Product Descriptions

We make every effort to ensure that the information provided on our website and product packaging is accurate and up-to-date. However, due to possible natural variations in ingredients, manufacturing processes, or suppliers, slight discrepancies may occur. Always refer to the product packaging for the most current and accurate information about the product.

4.4 FDA Disclaimer

Statements about dietary supplements have not been evaluated by the U.S. Food and Drug Administration (FDA). Our products are not intended to diagnose, treat, cure, or prevent any disease. Dietary supplements should not replace a balanced diet or medical advice from a healthcare provider.

4.5 No Guarantee of Outcomes

Netrition does not guarantee any specific health outcomes. The effectiveness of products can vary from person to person based on factors like individual health conditions, adherence to guidelines, and proper use.

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5. Account Management and Privacy

5.1 Account Creation

To access certain features of our Services, you may be required to create an account. When creating an account, you must provide accurate, complete, and updated information. We reserve the right to verify the accuracy of the information you provide, and may suspend or terminate your account if false or misleading information is detected. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Notify us immediately, and within 24 hours, of any unauthorized use of your account. Failure to notify Netrition within 24 hours of any security breach or unauthorized use may result in you being held liable for any losses incurred.

5.2 Password Responsibilities

You are responsible for protecting your account password and for any actions performed under your account. We strongly recommend enabling multi-factor authentication and changing your password regularly. Netrition will not be liable for any losses resulting from unauthorized account use. In the event of a dispute regarding unauthorized access or use of your account, you bear the burden of demonstrating that such activity was unauthorized and not the result of your failure to secure your login credentials. In the event of a suspected security breach or unauthorized use, Netrition may, at its sole discretion, temporarily disable the account, require a password reset, or take any other measures deemed necessary to protect the account.

5.3 Account Termination

Netrition reserves the right to suspend or terminate your account at our discretion, including if we believe you have violated any of these Terms or engaged in fraudulent or illegal activity. Upon account termination, your right to access the Services and any associated data will be revoked immediately. We will endeavor to provide reasonable notice before suspending or terminating an account, except in cases where such suspension or termination is required to protect the security of the Services or comply with legal obligations. Upon account termination, any outstanding subscription fees or service payments will not be refunded unless required by applicable law.

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6. Purchases, Subscriptions, and Pricing

6.1 Payment Methods

We accept major credit cards, debit cards, PayPal, and other payment methods as listed at checkout. By providing payment information, you represent and warrant that you are authorized to use the payment method and authorize us to charge you for the purchases you make. If your payment cannot be processed, we will notify you, and your order or subscription may be suspended or canceled unless you provide updated payment information.

6.2 Subscriptions and Auto-Ship Services

If you subscribe to any of our auto-ship services, your subscription will automatically renew at the end of each billing cycle unless you cancel. You will be billed at the start of each subscription cycle. To avoid being charged for the next cycle, you must cancel your subscription at least 2 business days before your next scheduled shipment. You can cancel by contacting customer service or through your account dashboard.

6.3 Digital Goods

All sales of digital goods (e.g., e-books, digital downloads) are final and non-refundable unless otherwise stated. You are granted a non-exclusive, non-transferable license to use digital goods for personal use only. You may not resell, distribute, or share digital goods without prior written permission from Netrition.

6.4 Physical Goods - Returns and Refunds

For physical products, you may request a refund or exchange within 30 days of receiving your order, provided the product is unopened and in its original packaging. Return shipping costs are the responsibility of the customer unless the product arrived damaged or defective. To initiate a return, please contact customer service for a Return Merchandise Authorization (RMA) number.

6.5 Pre-Orders and Backorders

If you place a pre-order or if a product is backordered, we will notify you of the expected shipping date. Your payment method will be charged at the time of order or when the product becomes available, depending on the option selected at checkout.

6.6 Order Cancellation

We reserve the right to cancel any order for any reason, including but not limited to pricing errors, fraud detection, or product unavailability. If your order is canceled, you will receive a full refund of any amounts charged.

6.7 Sales Tax and Fees

Applicable sales tax will be added to your order at checkout based on your shipping address. For international orders, you are responsible for any additional taxes, duties, or customs fees incurred upon delivery.

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7. Shipping, Returns, and Refunds

7.1 Shipping Costs

Shipping fees are calculated at checkout based on destination, order weight, and selected shipping method. Available options include standard, expedited, and international shipping. Shipping fees are non-refundable, except in cases of shipping errors attributable to Netrition.

7.2 Delivery Times

Delivery estimates are provided at checkout. Actual delivery times may vary due to factors beyond our control, such as carrier delays or customs processing for international orders. Customers are responsible for any additional duties or taxes imposed by local authorities for international shipments.

7.3 Risk of Loss

Title and risk of loss pass to you upon delivery of the product to the carrier. We are not responsible for any loss, theft, or damage once the package is in transit, unless insurance was purchased at checkout. For high-value or fragile items, we recommend selecting insurance.

7.4 Return Eligibility

Unopened items in resellable condition may be returned within 30 days for a refund or store credit, excluding shipping costs. Opened items may be eligible for return under specific conditions. Please see our Return Policy for brand-specific return details.

7.5 Return Exceptions

The following items are not eligible for return:

• Clearance and short-dated items (final sale).
• Opened jugs or bags of protein powders (samples available for testing).
• Subscription boxes and their contents, unless defective or missing.
• Replacements or exchanges from previous orders.
• Items damaged due to weather after leaving our facility.

7.6 Refund Process

Refunds are processed within 7-10 business days of receiving and verifying your return. Refunds will be issued to your original payment method. Shipping costs, duties, and taxes are non-refundable. In certain cases, store credit may be offered in lieu of a refund.

7.7 Return Shipping

Customers are responsible for return shipping costs unless the return is due to our error. We recommend insuring return shipments, as we cannot refund items lost or damaged during return transit.

7.8 Lost or Stolen Packages

If your package is lost or stolen, please contact us immediately via our Contact Us page. While we will assist you in filing a claim with the carrier, Netrition is not liable for packages marked as delivered by the carrier. We may, at our discretion, offer a replacement or refund after verification.

7.9 Weather-Related Damages

Netrition is not responsible for damage caused by weather conditions (e.g., melting, freezing) once the order has shipped. To minimize the risk, consider selecting expedited shipping or cold-pack services for temperature-sensitive items. See our Our Guarantee for details on managing weather-related issues.

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8. Product Information and Accuracy

8.1 Accuracy and Correction of Pricing Information

We strive to ensure that all pricing information displayed on our website is accurate. However, pricing errors may occasionally occur despite our best efforts. In the event of a pricing discrepancy, Netrition reserves the right to cancel any orders placed for products listed at an incorrect price, and to correct any such errors, inaccuracies, or omissions at our sole discretion. In such instances, we will notify you promptly, and any charges made will be fully refunded.

8.2 Compliance with Pricing Regulations

Netrition’s pricing practices are in full compliance with all applicable federal, state, and local laws, including the Federal Trade Commission’s (FTC) guidelines governing the representation of pricing and discounts. All cross-through prices are substantiated by historical data, industry benchmarks, or manufacturer recommendations, ensuring that any represented discount or savings is legitimate and verifiable.

8.3 No Guarantee of Lowest Price

While Netrition endeavors to offer competitive prices, we do not guarantee that our prices represent the lowest available price for the product in the marketplace. Strikethrough prices are provided as a reference only, and customers are encouraged to consider additional factors when making purchasing decisions.

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9. Mobile App Terms

9.1 Overview

Netrition offers mobile applications ("Apps") to facilitate engagement with our Services, including product purchases and community interactions. By downloading, installing, or using any of our Apps, you agree to these Terms and Conditions, as well as any additional terms presented when accessing specific features within the Apps.

9.2 App Store Requirements

Our Apps are distributed through third-party platforms such as the Apple App Store and Google Play (each, an "App Store"). Your download, installation, and use of the Apps are subject to the terms, conditions, and policies of the respective App Store. Netrition assumes no responsibility for any fees, disputes, or issues arising from your interactions with these platforms. You are responsible for complying with all applicable App Store terms.

9.3 Product Purchases

Our Apps may allow you to purchase products directly from Netrition. All purchases made through the Apps are governed by our Terms of Service. Payments are securely processed through third-party payment processors, and Netrition does not store payment information. For details on how your data is handled during transactions, please review our Privacy Policy.

9.4 App Usage Restrictions

Netrition grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Apps solely for personal, non-commercial purposes. You may not modify, distribute, reverse-engineer, decompile, or disassemble the Apps, nor attempt to derive the source code, except as expressly permitted by applicable law. Any unauthorized use of the Apps will result in the immediate termination of your license to use the Apps and may result in legal action.

9.5 Future In-App Purchases

Netrition may, in future versions of the Apps, introduce in-app purchases or premium features. Any purchases will be processed by the App Store from which the App was downloaded, and your use of such paid features will be governed by the App Store’s applicable terms and conditions.

9.6 Updates and Termination

Netrition reserves the right to update, modify, or discontinue the Apps at any time without prior notice. You agree that Netrition may automatically install updates, patches, or modifications to improve or enhance the Apps’ functionality. Your continued use of the Apps following such updates constitutes acceptance of the modified terms. Netrition may also terminate or suspend your access to the Apps at any time for any violation of these Terms.

9.7 Data Collection

By using the Apps, you consent to Netrition's collection and use of technical data, including but not limited to device type, operating system, and app usage data, for the purposes of product support, user experience improvement, and analytics. This data is collected in accordance with our Privacy Policy.

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10. Intellectual Property

10.1 Trademarks

“Netrition,” “Netrition.com,” “Sensato,” “BariatricPal,” “Bariatric Eating,” “PatchAid,” “Alex's Low-Acid Coffee,” “PeptideComfort,” “Inspire Protein,” “Journey Vitamins,” and any other names, logos, product and service names, designs, and slogans used on or in connection with our services are registered or unregistered trademarks of Netrition Inc. or its affiliates. Unauthorized use of these trademarks is strictly prohibited and may violate federal, state, and international trademark laws. Any reproduction, imitation, or use of our trademarks without prior written permission is prohibited.

10.2 User-Generated Content

By submitting, posting, or displaying any content, including but not limited to reviews, comments, photographs, suggestions, or other material (“User-Generated Content”) on our website, mobile applications, or social media platforms, you hereby grant Netrition Inc. a worldwide, non-exclusive, irrevocable, royalty-free, perpetual, sublicensable, and transferable license to use, reproduce, distribute, display, publicly perform, modify, adapt, publish, and create derivative works from such content in any media now known or hereafter developed, for any purpose, without compensation to you.

By submitting User-Generated Content, you represent and warrant that:

• You own or have the necessary rights to the content and the rights you are granting to Netrition Inc.;
• Your content does not infringe the intellectual property, privacy, publicity, or other personal or proprietary rights of any third party;
• Your content complies with all applicable laws, rules, and regulations, including those related to defamation, harassment, and intellectual property.

Netrition Inc. reserves the right, but is not obligated, to monitor, edit, or remove User-Generated Content that it deems inappropriate, violates these Terms, or infringes on intellectual property rights. Netrition Inc. disclaims any responsibility for User-Generated Content that violates third-party rights.

10.3 Limited License to Use the Services

Subject to your compliance with these Terms and Conditions, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use Netrition’s services for your personal, non-commercial use. This license does not include the right to:

• Resell or make commercial use of the Content;
• Modify, adapt, or create derivative works from the Content;
• Use any data mining, robots, or similar data-gathering or extraction tools;
• Download or copy any Content for the benefit of another merchant or third party.

Any unauthorized use of the Content, services, or platforms will result in the immediate termination of the license granted herein and may subject you to legal liability.

10.4 Reporting Intellectual Property Violations

If you believe that any content on our platforms infringes upon your intellectual property rights, please submit a notice to us through our Contact Us page, providing the following details:

• A detailed description of the material that you claim has been infringed, including its location on the platform;
• Your contact information, including your name, address, telephone number, and email address;
• A statement by you, under penalty of perjury, that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
• A statement by you, under penalty of perjury, that the information provided in your notice is accurate, and that you are the intellectual property owner or are authorized to act on behalf of the intellectual property owner.

We will promptly review all claims of intellectual property violations and take appropriate action, including removing or disabling access to the allegedly infringing material.

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11. Third-Party Services and Affiliate Programs

11.1 Third-Party Tools and Services

Our website may provide access to third-party tools or services that are not owned or controlled by Netrition. These tools are provided on an "as-is" and "as-available" basis, without any warranties, representations, or conditions of any kind. Netrition makes no guarantees regarding the functionality, accuracy, or reliability of these third-party tools. By using these tools, you acknowledge that Netrition is not liable for any issues, damages, or claims arising from their use, including but not limited to loss of data or security breaches.

11.2 Affiliate and Partner Programs

Netrition participates in affiliate and referral programs. When you purchase products or services through our affiliate links, Netrition may receive commissions. While we aim to partner with reputable companies, Netrition does not endorse or assume responsibility for the content, products, or services provided by these third parties. All interactions with affiliate companies are governed by the third party's own terms, policies, and conditions.

11.3 Third-Party Links

Our website may contain links to third-party websites or services that are outside of Netrition's control. These links are provided for convenience, and Netrition does not endorse, monitor, or make any representations regarding the content, policies, or services of external sites. Any use of third-party websites is at your own risk, and Netrition is not responsible for any loss, damage, or legal issues that may arise from your interactions with these third-party websites. We recommend reviewing the third-party site’s terms and privacy policies before engaging with their services.

11.4 Third-Party Content

Netrition may feature third-party content, such as blog posts, reviews, or guest contributions. This content is provided for informational purposes only and does not reflect the opinions or endorsements of Netrition. We do not guarantee the accuracy, completeness, or reliability of any third-party content and disclaim any responsibility for errors or omissions in the material.

By using our website, you acknowledge and agree that reliance on any third-party content is at your own discretion and risk. Netrition is not liable for any loss or damage arising from your use of or reliance on third-party content available on our Services.

11.5 Limitation of Liability in Affiliate Relationships

Netrition is not liable for any direct or indirect damages, financial losses, injuries, or claims related to products or services purchased through affiliate or referral partners. Any disputes or issues related to third-party products or services must be addressed directly with the third-party provider. Netrition disclaims any responsibility for the actions, failures, or negligence of affiliate companies, including any misrepresentation, delay, or failure to deliver products or services as advertised.

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12. Legal Framework

12.1 Governing Law

These Terms, and any disputes or claims arising out of or relating to them, shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

12.2 Jurisdiction and Venue

You agree that any legal action or proceeding arising out of or related to these Terms or the use of our Services shall be brought exclusively in the state or federal courts located in Albany County, New York. You consent to the personal jurisdiction and venue of these courts and waive any objections to jurisdiction or venue.

12.3 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction, such provision shall be limited or eliminated to the minimum extent necessary so that the remainder of these Terms shall continue in full force and effect. The unenforceability of any provision shall not affect the validity and enforceability of the remaining provisions.

12.4 Waiver

Any failure by Netrition to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

12.5 Entire Agreement

These Terms, along with any other legal notices, policies, and guidelines linked or referenced herein, constitute the entire agreement between you and Netrition concerning your use of the Services and supersede all prior and contemporaneous agreements, proposals, or communications, whether written or oral, with respect to the subject matter hereof.

12.6 Assignment

You may not assign or transfer any rights or obligations under these Terms without Netrition’s prior written consent. Netrition may assign its rights and obligations under these Terms freely, without restriction, and without prior notice to you.

12.7 Force Majeure

Netrition shall not be held liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, internet or telecommunication failures, or government actions. In the event of such delay, Netrition's obligations will be suspended until the force majeure condition ceases.

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13. Dispute Resolution and Arbitration Agreement

13.1 Negotiation and Mediation

In the event of any dispute, claim, or controversy ("Dispute") arising out of or relating to these Terms, your use of our Services, or any related transaction, both parties agree to first attempt to resolve the matter through good-faith negotiations for a period of thirty (30) days. During this negotiation period, both parties shall communicate openly and provide reasonable cooperation to resolve the Dispute.

If the Dispute cannot be resolved through negotiation within thirty (30) days, either party may initiate mediation with a mutually agreed-upon neutral third-party mediator. Mediation shall take place in Albany County, New York, or remotely via a secure online platform if both parties consent. The costs of mediation shall be shared equally by both parties.

13.2 Arbitration Agreement

If mediation fails to resolve the Dispute, both parties agree to resolve the Dispute through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and any supplementary rules then in effect ("AAA Rules"). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.

Exceptions to Arbitration: Notwithstanding the foregoing, either party retains the right to seek relief in a small claims court for Disputes within the scope of that court's jurisdiction, and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s intellectual property rights.

13.3 Governing Law

Notwithstanding any choice of law or other provisions in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce, and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), will govern its interpretation and enforcement. The FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law, except where state law is more favorable to the consumer.

13.4 Arbitration Process

To initiate arbitration, you must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. You can contact the AAA for more information on how to commence an arbitration proceeding at www.adr.org or 1-800-778-7879.

For claims under $10,000, arbitration may be conducted via telephone, based on written submissions, or in person in Albany County, New York, or at another mutually agreed location. For claims of $10,000 or more, the arbitrator will determine the appropriate format, including the potential for an in-person hearing.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA's applicable rules. Netrition will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Similarly, Netrition will not seek attorneys' fees and costs in arbitration unless the arbitrator determines your claims are frivolous.

Confidentiality: All aspects of the arbitration proceedings, including but not limited to the award and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law.

13.5 Arbitrator’s Decision

The arbitrator shall issue a written award stating the essential findings and conclusions upon which the award is based within the timeframe specified by the AAA Rules. The arbitrator may award declaratory or injunctive relief only to the extent necessary to provide relief warranted by the claimant's individual claim. The arbitrator's decision shall be final and binding on both parties, and judgment on the arbitration award may be entered in any court having competent jurisdiction.

The arbitrator shall have no authority to award damages or remedies that exceed those permitted by these Terms or applicable law. The arbitrator must follow applicable law, including the FAA, in rendering a decision, and the award may be challenged if the arbitrator fails to do so.

13.6 Class Action Waiver

YOU AND NETRITION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. Unless both you and Netrition agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class or representative proceeding. This waiver survives any termination of these Terms or your relationship with Netrition.

13.7 Remedies in Aid of Arbitration; Equitable Relief

This agreement to arbitrate will not preclude you or Netrition from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award, from a court of competent jurisdiction. Additionally, this agreement to arbitrate will not preclude you or Netrition from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary.

13.8 Opt-Out Procedure

If you are a new user of our Services, you may opt out of this Arbitration Agreement by sending us a written notice ("Opt-Out Notice") within thirty (30) days of the date you first accept these Terms. Your Opt-Out Notice must include your full name, address, and a clear statement indicating your intent to opt out of this Arbitration Agreement. You may send your Opt-Out Notice via certified mail to the following address:

Netrition
Legal Department
25 Corporate Circle, Suite #118
Albany, New York 12203

If you successfully opt out, you retain the right to sue in court and participate in a class action against Netrition. Opting out of this Arbitration Agreement will not affect any other terms of these Terms and Conditions.

13.9 Severability

If any provision of this Arbitration Agreement is found to be unenforceable, invalid, or void, that specific provision shall be severed, and the remainder of this Arbitration Agreement shall remain in full force and effect to the maximum extent permitted by law. The unenforceability of any provision shall not affect the validity and enforceability of the remaining provisions.

13.10 Entire Agreement

This Arbitration Agreement constitutes the complete and exclusive agreement between you and Netrition regarding the resolution of Disputes and supersedes any prior or contemporaneous agreements or understandings, whether written or oral, relating to such Disputes. No amendment or modification of this Arbitration Agreement shall be binding unless in writing and signed by both parties.

13.11 Assignment

You may not assign or transfer any of your rights or obligations under this Arbitration Agreement without Netrition’s prior written consent. Netrition may assign its rights and obligations under this Arbitration Agreement freely, without restriction, and without notice to you.

13.12 Force Majeure

Netrition shall not be liable for any failure or delay in performing its obligations under this Arbitration Agreement due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, internet or telecommunications failures, or governmental actions. If a force majeure event occurs, Netrition’s obligations under this Arbitration Agreement shall be suspended for the duration of the event. Netrition shall make reasonable efforts to notify you of any delays caused by such events and to resume performance as soon as possible.

13.13 Confidentiality of Proceedings

All negotiations, mediation, and arbitration proceedings related to any Dispute, including the existence of a Dispute, shall be kept confidential by the parties. This includes all documents, communications, and information exchanged during such processes, except as may be required by law or for the purpose of enforcing or challenging an arbitration award in a court of competent jurisdiction.

13.14 Survival

All provisions of this Arbitration Agreement that are intended by their nature to survive termination of these Terms or your use of the Services shall so survive, including but not limited to Sections 13.3 (Governing Law), 13.5 (Arbitrator’s Decision), 13.6 (Class Action Waiver), 13.9 (Severability), and 13.13 (Confidentiality of Proceedings).

13.15 Notices

Any notice required or permitted to be given under this Arbitration Agreement shall be in writing and delivered via email, certified mail, or courier to the respective parties at the addresses provided in these Terms or as updated by written notice. Notices to Netrition should be sent to:

Netrition
Legal Department
25 Corporate Circle, Suite #118
Albany, New York 12203
Email: legal@Netrition.com

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14. Customer Conduct

14.1 Prohibited Conduct

You agree not to engage in the following behaviors while using our Services:

• Harassment or Abuse: Harassing, threatening, bullying, stalking, or engaging in any form of abusive behavior towards Netrition employees, community members, or other customers.
• Discrimination and Hate Speech: Sharing content that promotes discrimination, hate speech, or offensive material based on race, ethnicity, national origin, religion, gender, sexual orientation, age, disability, or other protected characteristics.
• Body Shaming and Negative Remarks: Engaging in body shaming, making derogatory comments about someone's appearance, weight, or progress, or otherwise creating a hostile environment.
• Unqualified Medical Advice: Providing medical advice or guidance without appropriate qualifications or credentials.
• Promotion of Harmful Practices: Encouraging or promoting dangerous or harmful practices, including but not limited to eating disorders or self-harm.
• Illegal Activities: Engaging in or encouraging unlawful activities, such as fraud, hacking, or the distribution of counterfeit or stolen items.
• Unauthorized Content: Uploading, transmitting, or distributing any content that infringes on intellectual property rights, privacy rights, or violates these Terms.
• Spam and Malicious Content: Sending unsolicited messages, promotions, or distributing viruses, malware, or harmful code.
• Impersonation: Falsely representing yourself or your affiliation with any person or entity.
• Disruption of Services: Interfering with or disrupting the functioning or security of our Services.
• Violating Privacy: Collecting or disclosing personal information about others without their explicit consent.

14.2 User-Generated Content

By posting content on our platform, you agree to adhere to the following guidelines:

• Your content must not violate the prohibited conduct outlined in Section 14.1.
• Your content must be relevant to the community's purpose and free of false or misleading information.
• You must not share personal health information about others without their explicit consent.

We reserve the right to remove or modify any content that violates these standards or that we deem inappropriate.

14.3 User Responsibilities

As a user of our Services, you are responsible for:

• Maintaining the confidentiality of your account information, including your password.
• All activities that occur under your account.
• Immediately notifying Netrition of any unauthorized use of your account or security breaches.
Netrition
• Ensuring your use of our Services complies with all applicable local, state, national, and international laws, including health privacy laws such as HIPAA.
• Respecting the privacy and confidentiality of other users.

14.4 Medical Advice Disclaimer

Content on our platform, including user-generated content, is for informational purposes only. Netrition is not a healthcare provider, and the content shared on our Services should not be used as a substitute for professional medical advice, diagnosis, or treatment. Always consult qualified healthcare professionals for advice regarding your health or medical conditions.

14.5 Enforcement Actions

Netrition reserves the right to take any actions it deems necessary to enforce these conduct standards, including but not limited to:

• Issuing warnings or notices.
• Suspending or terminating your account or access to the Services.
• Removing or modifying any offending content.
• Reporting inappropriate activities to law enforcement or relevant authorities.
• Initiating legal action if necessary.

These actions may be taken with or without prior notice to you.

14.6 Reporting Violations

If you witness or experience any violations of these conduct standards, please report them to us immediately at legal@Netrition.com. All reports will be treated confidentially, and we will take appropriate action as necessary.

14.7 Monitoring and Moderation

We reserve the right, but are not obligated, to monitor user interactions, content, and communications on our Services. We may remove or edit any content that violates these Terms or applicable laws, or that we determine to be inappropriate.

14.8 Compliance with Laws

You agree to comply with all applicable local, state, national, and international laws, including health privacy laws, while using our Services.

14.9 Termination

We reserve the right to terminate or restrict your access to our Services at any time, for any reason, including violations of these conduct standards or any other provision of these Terms.

14.10 No Waiver

Netrition’s failure to enforce any right or provision of these conduct standards will not be deemed a waiver of such right or provision.

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15. Service Availability and Modifications

15.1 Right to Modify or Discontinue Services

We reserve the right to modify, update, suspend, or discontinue any aspect of our Services at any time, with or without prior notice. This may include changes to features, content, functionality, or access to certain parts or the entirety of the Services. Such modifications may be required to enhance the user experience, improve security, comply with legal requirements, or address other business needs.

15.2 Maintenance and Updates

We may periodically conduct scheduled maintenance or release updates to improve the quality and functionality of our Services. During these times, access may be temporarily unavailable. We will strive to perform maintenance during off-peak hours and, where possible, provide advance notice.

15.3 User Responsibility

You are responsible for obtaining and maintaining all necessary equipment, software, and internet access to use our Services. Netrition will not be liable for any technical issues, interruptions, or limitations arising from your equipment or internet service provider that affect your use of the Services.

15.4 Disclaimer of Warranties

The Services are provided on an "as is" and "as available" basis. You expressly acknowledge that your use of the Services is at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and reliability. We do not warrant that the Services will meet your expectations or that they will be uninterrupted, timely, secure, or free from errors.

15.5 Limitation of Liability

To the fullest extent permitted by law, Netrition will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from or relating to the availability or unavailability of the Services, even if we have been advised of the possibility of such damages. This includes, without limitation, damages for lost profits, goodwill, data, or other intangible losses. Some jurisdictions may not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. In such cases, these limitations may not apply to you.

15.6 Third-Party Services and Content

Our Services may include links to, or integrations with, third-party websites, applications, or services ("Third-Party Services"). Netrition does not control, endorse, or assume responsibility for the availability, content, or policies of these Third-Party Services. Your use of Third-Party Services is at your own risk, and we encourage you to review their terms and privacy policies before engaging with them.

15.7 Force Majeure

Netrition shall not be held liable for any failure or delay in the performance of its obligations under these Terms due to causes beyond its reasonable control, including, but not limited to, natural disasters, acts of government, war, terrorism, labor disputes, technical failures, or interruptions of internet service providers. During such events, our obligations will be suspended for the duration of the event.

15.8 User Feedback and Reporting

Your feedback is important to us. We encourage you to report any technical issues, service disruptions, or concerns regarding the availability or functionality of our Services. Please contact us through our contact page for assistance or to provide suggestions.

15.9 Compliance with Laws

We will comply with all applicable local, state, national, and international laws and regulations concerning service availability, modifications, and use. By using our Services, you agree that we may take necessary actions to comply with any legal requirements.

15.10 Indemnification

You agree to indemnify, defend, and hold harmless Netrition, its affiliates, officers, directors, employees, agents, and partners from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.

15.11 Severability

If any provision of this Section 15 is found to be unenforceable or invalid, that provision shall be limited or removed to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

15.12 User Acknowledgment

By continuing to use our Services, you acknowledge that you have read, understood, and agree to be bound by this Section 15 and all of its provisions regarding service availability and modifications.

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16. DMCA Policy

16.1 Designated DMCA Agent

If you believe that your copyrighted work has been copied or used on our Services in a way that constitutes copyright infringement, please send a written notification to our designated DMCA Agent at:

• DMCA Agent: Alex Brecher
• Address: 25 Corporate Circle, Suite #118, Albany, New York 12203
• Phone: (646) 854-3790 (8 AM - 12 AM EST)
• Email: legal@Netrition.com

16.2 Notification of Infringement

To file a DMCA notice, please include the following information in writing:

1. A description of the copyrighted work that you claim has been infringed;
2. A description of where the material that you claim is infringing is located on our website, including sufficient details to help us identify the material;
3. Your name, address, telephone number, and email address;
4. A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf;
6. Your physical or electronic signature.

Please note that under the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.

16.3 Counter-Notification

If you believe that your content was removed or disabled by mistake or misidentification, you may submit a counter-notification to our DMCA Agent with the following information:

1. Identification of the material that has been removed or to which access has been disabled, and the location where the material appeared before it was removed or disabled;
2. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
3. Your name, address, telephone number, and email address;
4. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside the United States, for any judicial district in which Netrition may be found, and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person;
5. Your physical or electronic signature.

Upon receiving a valid counter-notification, we may restore the removed content in accordance with the DMCA.

16.4 Repeat Infringer Policy

In accordance with the DMCA and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may also limit access to the Services and/or terminate the accounts of any users who infringe upon the intellectual property rights of others, whether or not there is any repeat infringement.

16.5 Consult Legal Counsel

If you are unsure whether the material you are reporting is infringing, or if you are unsure whether your content was removed by mistake, we recommend that you seek legal advice before filing a notification or counter-notification.

16.6 False Claims

Submitting false DMCA claims or counter-notifications may result in legal consequences, including liability for damages, court costs, and attorneys' fees.

16.7 Acknowledgment

By submitting a DMCA notification or counter-notification, you acknowledge and agree that we may forward your submission and any related communications to the appropriate parties, including the user who posted the allegedly infringing material.

16.8 Additional Information

For more information about the DMCA and your rights under U.S. copyright law, please visit the U.S. Copyright Office website at www.copyright.gov.

16.9 Modifications

We reserve the right to modify this DMCA Policy at any time. Changes and clarifications will take effect immediately upon their posting on the website. Your continued use of the Services after any changes constitutes your acceptance of the new terms.

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17. Accessibility

Netrition is committed to making our Services accessible to all individuals, including those with disabilities. We strive to ensure that our website and mobile applications comply with applicable accessibility standards and best practices.

If you experience any difficulty accessing or using any part of our website or mobile applications, please contact our knowledgeable and friendly team for assistance. They are available by phone daily from 8 AM to midnight, EST. You can reach us at:

• Local: (518) 464-0765
• Toll-Free: (888) 817-2411

Please leave a voicemail if we aren't available, and your call will be returned promptly.

For more information about our commitment to accessibility, please visit our Accessibility Statement.

We are continuously working to improve the accessibility of our Services. Your feedback is valuable in helping us enhance the user experience for everyone.

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18. Changes to Terms and Periodic Review

We reserve the right, at our sole discretion, to modify, update, or replace these Terms at any time. When we make changes, we will update the "Last Updated" date at the top of this document. In the event of material changes to these Terms, we will provide notice to you by:

• Posting a prominent notice on our website or within the Services.
• Sending an email to the email address associated with your account.

18.1 User Responsibility to Review Terms

It is your responsibility to review these Terms periodically to stay informed of any updates. We encourage you to check this page regularly. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the updated Terms. If you do not agree to the new Terms, you must discontinue use of the Services.

18.2 Advance Notice for Material Changes

For any material changes, we will endeavor to provide at least thirty (30) days' advance notice before the new terms take effect, unless immediate changes are required for legal, regulatory, or security reasons. The effective date of the updated Terms will be clearly indicated.

18.3 Continued Use Constitutes Acceptance

Your continued use of the Services following the posting of revised Terms signifies your acceptance and agreement to the changes. If you do not agree to the updated Terms, you must stop using the Services. We recommend that you review the Terms each time you use our Services.

18.4 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions of these Terms shall remain in full force and effect.

18.5 Entire Agreement

These Terms, along with our Privacy Policy, Accessibility Statement, and any other legal notices or policies published by us, constitute the entire agreement between you and Netrition regarding our Services and supersede all prior agreements, understandings, or representations, whether written or oral.

18.6 Contact Information

If you have any questions or concerns about these Terms or any changes made to them, please contact us at:

• Email: legal@Netrition.com
• Phone: (646) 854-3790 (8 AM - 12 AM EST)
• Mail: Netrition, Legal Department, 25 Corporate Circle, Suite #118, Albany, New York 12203

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