Terms

These Terms of Use (“Terms of Use”) contain the terms and conditions governing your access and use of TheDetoxDudes.com,its related URLS and/or Facebook group (“Site”) and is entered into by and between Detox Dudes, LLC (“Detox Dudes”) and you – an individual or business-entity accessing and using the Site.

BY USING THE SITE, YOU ARE CONFIRMING THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN.  IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE LEAVE THE SITE BY CLICKING HERE.

Detox Dudes reserves the right to change these Terms of Use from time to time without notice to you.  Your continued use of this Site AND/OR PARTICIPATION IN SERVICES after such modifications will constitute your acknowledgment of the modified Terms of Use and YOUR agreement to abide and be bound by the modified Terms of Use.

1. Description of Services

Detox Dudes makes various products and services available on the Site and through related Facebook groups including, but not limited to, an online course that teaches you how to improve your overall health, fitness, and well-being (“Services”).

Detox Dudes reserve the sole right to either modify or discontinue the Site, including any features therein, at any time with or without notice to you.  Detox Dudes shall not be liable to you or any third party should it exercise such right.  Modifications may include but are not limited to, changes in the pricing structure, the addition of fee-based services, or changes to limitations on allowable file sizes. Any new features which augment or enhance the then-current Services on the Site shall also be subject to these Terms of Use.

You understand and agree that temporary interruptions of the Services available through this Site may occur as normal events. You further understand and agree that Detox Dudes has no control over third party networks you may access in the course of the use of this Site, and therefore, delays and disruptions of other network transmissions are completely beyond Detox Dudes control.

2. Registration Data and Privacy

In order to access some of the Services on this Site, you will need to complete Detox Dudes online registration form through which you will provide Detox Dudes with certain information and data (“Registration Data”).  By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.

You also grant us the right to disclose to third parties certain Registration Data about you.  The information Detox Dudes obtains through your use of this Site, including your Registration Data, is subject to our Privacy Policy which is specifically incorporated by reference into these Terms of Use.

3. Security and Password

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account.  Please take steps to ensure that others do not gain access to your password and account.  Detox Dudes will never ask you for your password.

You may not transfer or share your account with anyone and Detox Dudes reserves the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.

4. Payment of Fees

If you subscribe to Services on this Site that requires payment of a fee, you agree to pay all fees associated with such service.  For all charges for Services on this Site, Detox Dudes will bill your credit card.  Any recurring charges are billed in advance of the Services actually being provided.

You agree to provide Detox Dudes with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide Detox Dudes with any changes in such information within five (5) days of the change.

If for any reason, your credit card company refuses to pay the amount billed for the service, Detox Dudes may, at its sole option, suspend or terminate your subscription to the Services and require you to pay the overdue amount by other means acceptable to Detox Dudes.

You agree that until your subscription to the Services is terminated, you will continue to accrue charges for which you remain responsible – even if you do not use the service.

In the event legal action is necessary to collect on balances due, you agree to reimburse Detox Dudes for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

5.Conduct on Site

Your use of the Site is subject to all applicable laws, rules, and regulations.  By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or another interactive service that may be available to you on or through this Site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:

  1. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
  2. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  3. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party;
  4. Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  5. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
  6. Impersonates any person or entity, including any of our employees or representatives.

Detox Dudes neither endorses nor assumes any liability for the contents of any material uploaded or submitted by third party users of the Site.

Detox Dudes generally does not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this Site. However, Detox Dudes has the right, at its sole discretion, to remove any content that does not comply with these Terms of Use or that Detox Dudes otherwise finds to be harmful, objectionable, or inaccurate.

6. Termination of Use

Detox Dudes may, in its sole discretion, terminate or suspend your access to the Site with or without notice and for any reason, including, without limitation, breach of these Terms of Use.  Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the Services available on this Site immediately ceases and you acknowledge and agree that Detox Dudes may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Site.

7. Our Intellectual Property

All information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on the Site (“Content”) is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws and is the sole property of Detox Dudes.

Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any Content without first securing our written consent to do so.  Any unauthorized use of the Content may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Detox Dudes and the Detox Dudes logo are all trademarks of Detox Dudes.  All other trademarks or service marks on the Site are the property of their respective owners.

8. Your Materials

Subject to Detox Dudes Privacy Policy, any communication or material that you transmit to this Site or to Detox Dudes, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary.  While you retain all rights in such communications or material, you grant Detox Dudes and our agents a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

Please do not submit confidential or proprietary information to Detox Dudes unless we have mutually agreed in writing otherwise. Detox Dudes is also unable to accept your unsolicited ideas or proposals, so please do not submit them to Detox Dudes in any circumstance.

9. Allegations of Infringement

Detox Dudes respects the intellectual property of others and asks you to do the same.

If you or any user of this Site believes its copyright, trademark or other property rights have been infringed upon by a posting on the Site, you or the user should send a notification to our designated agent (as identified below) immediately. To be effective, the notification must include:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed;
  3. Information reasonably sufficient to permit Detox Dudes to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  4. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit Detox Dudes to locate the materials;
  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. Sec. 512(c), Detox Dudes designated agent for notice of claims of copyright infringement can be reached as indicated below.

Designated Agent for Claimed Infringement:

Robert H. Wright

Wright Law Office, PLLC

9462 Brownsboro Road

Number 118

Louisville, KY  40241

robert@counselinthecloud.com

You acknowledge and agree that, upon receipt of a notice of a claim of copyright infringement, Detox Dudes may immediately remove the identified materials from the Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

10. Testimonials

Testimonials appearing on this Site are the individual experiences and personal opinions of those who have actually used Detox Dudes Services. However, they are individual results, and individual results do vary.  Detox Dudes does not claim that the results contained in these testimonials are typical results achieved by those using the Services.

11. Disclaimer of Warranties

THE INFORMATION CONTAINED ON THE SITE IS FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO TREAT, DIAGNOSE, CURE, OR PREVENT ANY DISEASE.  YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHERWISE QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU HAVE REGARDING A MEDICAL CONDITION BEFORE UNDERTAKING ANY DIET, EXERCISE, HEALTH PROGRAM, OF OTHER PROCEDURE DISCUSSED ON THE SITE.  

THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, DETOX DUDES MAKES NO WARRANTY THAT: (1) THE SITE AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (2) THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SITE AND/OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (4) THE QUALITY OF THE SERVICES PURCHASED OR INFORMATION OBTAINED BY YOU FROM DETOX DUDES THROUGH THE SITE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS.   DETOX DUDES MAY MAKE CHANGES TO THE SITE AT ANY TIME WITHOUT NOTICE.  THE MATERIALS AT THIS SITE MAY BE OUT OF DATE, AND Detox Dudes MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Purchases from Third Parties

Through your use of the Site, you may have opportunities to engage in commercial transactions with third parties. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you.

DETOX DUDES MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK.  ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY Detox Dudes.

13. Limitation of Liability

DETOX DUDES WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THE SITE OR THE SERVICES, EVEN IF Detox Dudes HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  AS TO DIRECT DAMAGES, THE MOST Detox Dudes WILL BE LIABLE TO YOU FOR ANY AND ALL LIABILITIES ARISING OUT OF OR RELATED TO THE SITE OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR SUCH SERVICES OR TWENTY-FIVE DOLLARS ($25.00), WHICHEVER IS GREATER.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14. Indemnification

You agree to indemnify, defend, and hold harmless Detox Dudes and its subsidiaries, affiliates, members, employees, agents, and other owners (“Indemnified Parties”) against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorney’s fees) (“Losses”) insofar as such Losses are out of, based upon, and/or related to your use of the Site and/or the Services.

15. Governing Law

These Terms of Use are governed by the laws of the State of Oregon, without regards to its conflict of laws principles.  By accessing and using the Site, you agree to and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts sitting in Portland, Oregon with respect to any matter arising out of these Terms of Service.