Terms of Service
Updated: July 2023
Detox America is founded upon and guided by principles of conduct as stated in the “Ministry of Health Member Agreement,” and the “Detox America” Private Membership Association Application. Rather than legal contracts, it has become apparent due to the open nature of membership, that prudence requires a contractual agreement in order to protect Detox America and/or Ministry of Health Church, and/or Trustees, the director, advisors, and/or volunteers, and/or Members.
Detox America (referred to as “Detox America,” “we,” “us,” or “our”) is an integrated auxiliary of Ministry of Health, a private ministerial association held in Trust with additional protections of the Constitution of the United States of America. Our mailing address is Detox America â„… Ministry of Health, PO Box 161291, Austin, Texas State, The United States of America.
We provide the Detox America Public Website located at www.detoxamerica.us and the Detox America Membership Website, its related applications, and subdomains (collectively, the “Website”), subject to Member’s (referred to as “Members,” “you,” or “your”) compliance with all terms, conditions, and notices contained or referenced herein. In addition, when using certain services from the Website, Members will be subject to additional rules applicable to such services. These Member TERMS OF SERVICE (referred to as the “Terms of Service” or the “Terms”) constitute a binding contract between you and Detox America regarding the terms under which Detox America will provide Member with access to the Membership Services.
BY CLICKING ON THE BUTTON MARKED “I ACCEPT,” MEMBER SIGNIFIES HIS/HER
AGREEMENT TO ABIDE BY THESE TERMS OF SERVICE (“Acceptance”). Member agrees
that his/her assent, given electronically, will have the same lawful and legal effect as if it had been personally signed by Member. To the extent permitted by law, these Terms of Service are intended to supersede any provisions of applicable law which might otherwise limit their enforceability or effect because they were entered into electronically. Please print a copy of these Terms of Service for future reference.
1. TERMINOLOGY
2. CONTRIBUTIONS
3. TERM AND TERMINATION
4. ACCESSING THE WEBSITE
5. INTELLECTUAL PROPERTY RIGHTS
6. YOUR OBLIGATIONS AND REPRESENTATIONS
7. MEMBER SUBMISSIONS
8. CONTENT STANDARDS
9. MONITORING AND ENFORCEMENT; TERMINATION
10. COPYRIGHT INFRINGEMENT
11. COUNTER-NOTIFICATION PROCEDURES
12. RELIANCE ON INFORMATION POSTED
13. PRIVACY
14. SUBSCRIPTIONS AND OTHER TERMS AND CONDITIONS
15. LINKS FROM THE WEBSITE
16. LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES
17. MEMBER WARRANTIES, RIGHTS, REPRESENTATIONS, RESTRICTIONS, AND
OBLIGATIONS
18. FORCE MAJEURE
19. LIMITATION OF LIABILITY
20. CHANGES
21. EQUITABLE RELIEF
22. SURVIVAL
23. GOVERNING LAW AND VENUE
24. SEVERABILITY
25. WAIVER AND AMENDMENT
26. GEOGRAPHIC RESTRICTIONS
27. ASSIGNMENT
28. FUTURE TRANSACTIONS
29. NOTICES
30. COMPLETE UNDERSTANDING
31. YOUR COMMENTS AND CONCERNS
1. TERMINOLOGY
“Effective Date” - refers to the date that Detox America confirms a Member's right to use the Membership Services.
“Gift Membership” - refers to a right to use the Membership Services as a recipient of a gift, i.e.,
the recipient does not have to provide credit/debit card information during the registration process. The sender/giver of the Gift Membership is not deemed a Member, but the recipient of a Gift Membership will be deemed a Member upon Acceptance of these Terms of Service.
“Member” - refers to a man/woman who has the right to access the Member Website via a
Membership Contribution Agreement, Gift Membership, or other basis. A Member must be at least 18 years of age, or, as applicable, the age of majority in the country, state, or other jurisdiction in which the Member has their domicile and possesses the lawful and legal right and ability to enter into binding contracts. Member agrees to treat password, usernames, and other security information (“Authentication Information”), as confidential and to not provide anyone with access to the Membership Website, or portions of it, using Member's (or the “Authorized End User's”) Authentication Information. Member will notify Detox America immediately of any unauthorized access to, or use of, Authentication Information. Detox America has the right to disable any Member's access to the Services at any time, at its sole discretion for any reason including, but not limited to, if, in Detox America’s opinion, the Member has violated any provision of these Terms of Service or appears likely to do so.
“Membership” - refers to access to the applicable portion of the Membership Website as a current Member under a Membership Contribution, Agreement, Gift Membership, or other form of Membership.
“Membership Term” - means the period of time that a Member may access the applicable portion
of the Membership Website.
“Membership Website” - means the applicable portion of the Website that is available only to a
Member.
“Premium Content” - means files and content offered within the Membership Website that may be from Detox America or from third parties, partners or agents of Detox America that are for discretionary use on the part of the Member(s).
“Public Website” - means that portion of the Website that is available for use by any man/woman
without the need to be a Member.
“Services” - means the Public Website, the Membership Website, and their entire contents, concepts, program interfaces, structures, features, and functionality, including, but not limited to, all information, files, computer code, published materials, electronic documents, software, text, displays, images, video and audio, the design, selection, and arrangement thereof of any documentation pertaining to the foregoing, and other technology inherent to Detox America's website located at www.detoxamerica.us(or such other web address notified by www.detoxamerica.us to Members at any time), and includes the entirety of both the Membership Website and the Public Website.
“Standard Content” - refers to files and content within the Public Website that does not include the Research, Testimonials, Services, Products, Gifts or any other “Premium Content”.
“Virus” - means any item or device (including any software, code, file, or program) which is
designed to prevent, impair, or otherwise adversely affect the operation of any computer software, hardware, or network, any telecommunications service, equipment, or network, or any other service or device; prevent, impair, or otherwise adversely affect access to, or the operation of, any program or data, including the reliability of any program or data (whether by re-arranging, altering, or erasing the program or data in whole or in part, or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses, and other similar things or devices.
2. CONTRIBUTIONS
Where applicable I understand that Detox America operates by mutual exchange of private gifts only; and all gifting, contributions and conveyance are non-cancellable and non-refundable. I agree that monetary gifts can only be granted, conveyed and accepted as lawful money only. [demand 12 USC 411 where applicable]
a. Membership Contribution
Member agrees to contribute the appropriate amount corresponding to the particular Services
that Member wishes to access for the applicable Membership Term (“Membership
Contribution”). Detox America reserves the right to change the Membership Contribution amount(s) with respect to a Renewal Term with prior written notification. Unless otherwise expressly stated, all contributions are non-cancellable and non-refundable.
b. Gift Membership
If a Member receives a Gift Membership, the recipient Member shall not be required to provide
their billing information.
c. Contribution Details
Recurring contributions are submitted in advance of service. Member agrees to provide Detox America with valid, up-to-date, and complete debit/credit card, contact, and billing-type details. Member further authorizes Detox America to draw contributions from such debit/credit card on the Effective Date (and corresponding Renewal Dates, if appropriate) for the Membership Contributions applicable for the Membership Term (and Renewal Term). If, for any reason, Member's credit/debit card company refuses to transfer the amount requested for the Membership, Member agrees that Detox America may, at its option, suspend or terminate Member's access to the Services or Member benefits and require Member to contribute the overdue amount by other means acceptable to Detox America. Detox America may, but is not obligated to, charge a fee for reinstatement of suspended or terminated Memberships. Member agrees that, until Membership to the Membership Website is properly terminated, Member will continue to accrue contribution amounts for which Member remains responsible, even if Member does not use the Services. Unless otherwise expressly stated, contributions are stated in United States dollars. Detox America accepts Membership Contributions via credit/debit cards submitted through our website. Member agree that monetary gifts are granted, conveyed and accepted as lawful money only. [demand 12 USC 411 where applicable]
d. Taxes
Member is responsible for all applicable sales, use, transfer, or other taxes and all duties,
whether international, national, state, or local, however designated, which are levied or imposed
by reason of the gift, conveyance, or transaction contemplated hereby.
3. TERM AND TERMINATION
a. Term of General Membership
Member may enroll to the Membership Website for the applicable term of the specific
Membership commencing on the Effective Date (“Initial Term”). Thereafter, the Membership
will renew automatically on the corresponding anniversary date (“Renewal Date”) of the
Effective Date (each, a “Renewal Term,” and, collectively with the Initial Term, the “Membership Term”), until Member notifies Detox America of his/her intention not to renew, prior to the end of the then-current term.
b. Termination
Detox America reserves the right to terminate or suspend access to all or any portion of the Services for violation or suspected violation of these Terms of Service.
c. Effect of Termination
Member will have no further rights to access the Membership Website. Termination will not
affect the rights or liabilities of either party that accrued prior to termination.
d. Individual Membership Termination (applicable only to inhabitants of an applicable country
within the European Union) If you are a Member who is an inhabitant of a European Union country applicable to Detox America, then, in addition to any other rights under these Terms of Service, you may cancel any Membership for any reason during the 14-day period from the Effective Date by submitting a cancellation request via email to Support@detoxamerica.us. If you do so, and with respect to any Membership, other than Gift Memberships, Detox America may, but is not obligated to, charge you a proportionate amount of the Membership Contribution for the part of the Membership that you have used.
4. ACCESSING THE WEBSITE
You are responsible for making all arrangements necessary for you to have access to the Website. We reserve the right to withdraw or amend the Website, and any service or material that we provide on the Website, in our sole discretion and without notice to you. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.
5. INTELLECTUAL PROPERTY RIGHTS
a. The Website and its entire contents, features, and functionality, including, but not limited to, all
information, software, text, displays, images, video, and audio, and the design, selection, and
arrangement thereof, are owned by Detox America, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms permit you to use the Website for your non-commercial, personal, private use only. No right, title, or interest in or to
the Website or any content on the Website is transferred to you, and all rights not expressly
granted are reserved by Detox America.
b. You must not reproduce, distribute, modify, create derivative works of, publicly display,
publicly perform, republish, download, store, or transmit any of the material on the Website,
except as follows
i. you may store files that are automatically cached by your web browser for display
enhancement purposes;
ii. you may store your personal insights and actions steps gathered from Detox America for personal use, but must not share them with third parties that are not parties to Detox America. In the case of products accessed through Detox America, you may gift them to whomever you wish, but you may not sell or resell them to non-members;
iii. if we provide desktop, mobile, or other applications for download, you may download a
single copy to your computer or mobile device solely for your own personal, noncommercial,
private use, provided you agree to be bound by an applicable end-user license
agreement for such applications; and
iv. if we provide social media features or other materials expressly marked as downloadable at any time, you may take such actions as are intended by such features.
c. You may not:
a. use any illustrations, photographs, video or audio sequences, or any graphics separately
from the accompanying text;
b. delete or alter any copyright, trademark, or other proprietary rights notices from copies of
materials from the Website; or
c. access or use for any commercial and/or public purposes any part of the Website or any
services or materials available through the Website.
The Detox America name, the Detox America logo, Ministry of Health Logo and all related names, logos, seals, product and service names, designs, and slogans are trademarks of Detox America and Ministry of Health or of affiliates and/or licensors, as the case may be. You may not use such marks without the prior written permission of Detox America and Ministry of Health. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners. Member agrees to maintain the confidentiality of Detox America's Confidential Information. For the purposes of these Terms of Service, the term “Confidential Information” means all portions of the Services, including, but not limited to, the Membership Website. See our Privacy Policy for further details.
6. YOUR OBLIGATIONS AND REPRESENTATIONS
a. You may use the Website only for lawful purposes and in accordance with these Terms.
b. You promise that:
i. you are of legal age to form a binding contract with Detox America;
ii. you will not use the Website in any way that violates any applicable local or international
law or regulation;
iii. you will not send, knowingly receive, upload, download, use, or re-use any material which
does not comply with the Content Standards (outlined in Section 8 below);
iv. you will not impersonate or attempt to impersonate Detox America, a Detox America representative, another Member, a Ministry of Health representative, or any other man, woman, or entity;
v. you will not do anything that could disable, overburden, damage, or impair the Website or
interfere with any Member's use of the Website;
vi. you will not use any robot, spider, or other automatic device, process, or means to access
the Website for any purpose in violation of these Terms;
vii. you will not introduce any viruses, trojan horses, worms, logic bombs, or other material
which is malicious or technologically harmful;
viii. you will not co-brand or frame the Website or hyper-link from a third-party website to the
Website without the express prior written permission of an authorized representative of
Detox America; and
ix. Detox America is a private membership association, therefore, for the protection of Detox America and its Members, you will not publicly share any material and communications found on the Website.
7. MEMBER SUBMISSIONS
a. We may from time-to-time provide interactive services such as “share” features (collectively,
“Interactive Services”) that allow Members to post, submit, publish, display, or transmit to
other Members (hereinafter “post”) content or materials (collectively, “Member Submissions”)
on or through the Website. All Member Submissions must comply with the Content Standards
set out in these Terms (outlined in Section 8 below).
b. Any Member Submissions that you post will be considered non-confidential and nonproprietary, to the extent permitted by law. By providing Member Submissions, you grant
Detox America and its successors and/or agents and/or partners the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material. You
promise that you own or control all rights in and to the Member Submissions and have the right
to grant such license to us. You agree that you will have no claim or other recourse against
Detox America for infringement of any proprietary right with respect to your Member Submissions. You acknowledge and agree that you waive any moral (or similar) rights that you may have in any territory in respect of Member Submissions, including, but not limited to, the right to be attributed as the author of the Member Submissions.
c. If you provide Member Submissions to be transmitted to other Members of the Website or any
third parties, you accept that your Member Submissions are posted on and transmitted to others
at your own risk. Notwithstanding the membership policies, we cannot control the actions of
other Members of the Website or any third parties with whom you may choose to share your
Member Submissions. Therefore, we cannot and do not guarantee that your Member
Submissions will not be viewed by unauthorized persons.
d. Member Submissions must be accurate and comply with all applicable laws in the country from which they are posted. You understand and acknowledge that you are responsible for any
Member Submissions that you submit or contribute, and you, not Detox America, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any Member
Submissions posted by you or any other Member of the Website.
8. CONTENT STANDARDS
These Content Standards apply to all Member Submissions and use of Interactive Services, if
offered. Member Submissions must, in their entirety, comply with all applicable local and
international laws and regulations. Without limiting the foregoing, Member Submissions must not:
a. contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing,
violent, hateful, inflammatory, or otherwise objectionable;
b. promote sexually explicit or pornographic material, violence, or discrimination based on race,
sex, religion, nationality, disability, sexual orientation, or age;
c. infringe any patent, trademark, trade secret, copyright, or other intellectual property or other
rights of any third-party;
d. infringe the legal rights (including the right of publicity and privacy) of others or contain any
material that could give rise to any civil or criminal liability under applicable laws;
e. promote any illegal activity, or advocate, promote, or assist any unlawful act;
f. cause annoyance, inconvenience, or needless anxiety, or be likely to upset, embarrass, alarm, or annoy any other man/woman;
g. impersonate any man/woman, or misrepresent your identity or affiliation with any man, woman, or entity;
h. involve commercial activities or sales; or
i. deceive or give the impression that the Member Submissions emanate from or are endorsed by Detox America or any other man, woman, or entity.
9. MONITORING AND ENFORCEMENT; TERMINATION
We have the right, but not the obligation, to review, screen, or edit any Member Submissions. You accept that such submissions do not reflect the views of Detox America and are not endorsed by Detox America.
We have the right to: (a) take any action with respect to Member Submissions that we deem
necessary or appropriate; (b) take appropriate legal action, including, without limitation, referral to
law enforcement for any illegal or unauthorized use of the Website; (c) terminate or suspend your access to all or part of the Website. Without limiting the foregoing, we have the right to fully cooperate with law enforcement authorities lawfully requesting or lawfully directing us to disclose the identity or other information of anyone posting any materials on or through the Website. We do not undertake to review material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any Member or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
10. COPYRIGHT INFRINGEMENT
We take claims of lawful copyright infringement seriously. We will respond to notices of alleged
copyright infringement where appropriate. If you believe any materials accessible on or from the
Website infringe your copyright, you may request removal of those materials (or access thereto) from the Website by submitting written notification to our Copyright Agent (designated below). In
accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written
notice (the “DMCA Notice”) must substantially include the following:
1. Your physical or electronic signature
2. Identification of the copyrighted work you believe to have been infringed or, if the claim
involves multiple works on the Website, a representative list of such works
3. Identification of the material you believe to be infringing, in a sufficiently precise manner to
allow us to locate that material
4. Adequate information by which we can contact you (including your name, postal location,
telephone number, and, if available, e-mail address)
5. A statement that you have a good faith belief that use of the copyrighted material is not
authorized by the copyright owner, its agent, or the law
6. A statement that the information in the written notice is accurate
7. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright
owner
Our designated Copyright Agent to receive DMCA Notices is:
Detox America
c/o Ministry of Health
PO Box 161291, Austin, Texas
The United States of America
Email: Support@detoxamerica.us
If you fail to comply with all of the requirements of Section 512 (c) (3) of the DMCA, your DMCA
Notice may not be effective. Please be aware that if you knowingly misrepresent that material or
activity on the Website is infringing your copyright, you may be held liable for damages (including
costs and legal fees).
11. COUNTER-NOTIFICATION PROCEDURES
If you believe that material you posted on the Website was removed, or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our Copyright Agent (identified above). The Counter-Notice must substantially include the following:
1. Your physical or electronic signature
2. An identification of the material that has been removed or to which access has been disabled
and the location at which the material appeared before it was removed or had its access disabled
3. Adequate information by which we can contact you (including your name, postal location,
telephone number, and, if available, e-mail address)
4. A statement under penalty of perjury by you that you have a good faith belief that the material
identified above was removed or disabled as a result of a mistake or misidentification of the
material to be removed or disabled
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice
does not file a court action against you within 10 business days of receiving the copy of your
Counter-Notice.
12. RELIANCE ON INFORMATION POSTED
Detox America is not a medical service provider or a substitute for the advice of a trained healer or medical professional. We do not provide any medical advice, explanation, opinion, or recommendation about your possible health conditions, remedies, treatments, options, or strategies. The information presented on or through the Website is made available solely for general information purposes. We do not make any statements regarding the
accuracy, completeness, or usefulness of this information. Any reliance you place on such
information is strictly at your own risk.
The Website includes content provided by third parties, including, but not limited to, materials
provided by other members and third-party licensors. We are not responsible or liable to you or any third party for the content or accuracy of materials provided by any third parties.
The Services may contain links to other websites that are not operated by or related to Detox America. Detox America is not responsible for the content, accuracy, or opinions expressed in such third-party content, and is not obligated to investigate, monitor, or check such content for accuracy or completeness. The inclusion of any linked content within the Services does not imply approval or endorsement of the linked content by Detox America. A Member that accesses or utilizes third-party content and/or websites does so at the Member's own risk.
13. PRIVACY
All information we collect on the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Member agrees to comply with the Terms of Service and Privacy Policy (collectively, the
“Policies”). Detox America reserves the right to modify the Policies at any time, and, to the extent
permitted by applicable law, changes to the Policies are effective immediately upon posting on the Website. Member's continued use of any portion, or all, of the Services following the posting of revised Policies means that Member accepts and agrees to the changes. In the event of an express conflict between the Terms of Service and the Privacy Policy, the Terms of Service will prevail.
14. SUBSCRIPTIONS AND OTHER TERMS AND CONDITIONS
In addition to the Policies, all memberships to access Detox America's products and services are governed by our online click-through Terms of Service, paper contract, or other stated terms, depending on the type of product/service/membership you are using.
15. LINKS FROM THE WEBSITE
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
If you decide to access any third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such third-party websites.
16. LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES
You may link to our homepage, provided you do so in a way that is fair and legal, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. The Website may provide certain social media features that enable you to:
a. Link from your own or certain third-party websites to certain content on the Website
b. Send e-mails or other communications with certain content or links to specific content on the
Website
c. Cause limited portions of content on the Website to be displayed or appear to be displayed on
your own or certain third-party websites You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
a. Establish a link from any website that is not owned by you
b. Cause the Website or portions of it to be displayed, or appear to be displayed, by, for example,
framing, deep linking, or in-line linking on any other site
c. Link to any part of the Website other than the homepage
d. Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms. You agree to cooperate with us in causing any unauthorized framing or linking to cease immediately. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice at our discretion.
17. MEMBER WARRANTIES, RIGHTS, REPRESENTATIONS, RESTRICTIONS, AND
OBLIGATIONS
a. Subject to these Terms of Service, Member will be granted a limited, non- exclusive, revocable, non-transferable, and non-sub licensable right to access that portion of the Membership Website applicable to the Membership type. By agreeing to grant such access, Detox America does not obligate itself to maintain the Website, or to maintain it in its present form. Detox America may upgrade, modify, change, or enhance the Services and convert a Member to a new version thereof at any time in its sole discretion, to the extent that this is not detrimental to Member's use of the Services and upon reasonable prior notice to Member (unless the change is of critical importance or outside of Detox America's control, in which case Detox America will explain the reason for the changes as soon as is reasonably practicable).
b. Member agrees to abide by any rules or regulations that Detox America publishes with respect to the conduct of Members and other users of the Website, which rules and regulations are hereby incorporated into these Terms of Service by this reference. Detox America reserves the right to deny a Member access to the Membership Website if, in Detox America's sole discretion, Member has failed to abide by these Terms of Service or appears likely to do so.
c. Member accepts that Detox America, in its sole discretion, may, but has no obligation to, monitor the Services or any portion thereof and/or oversee compliance with these Terms of Service.
d. Member promises, acknowledges, and agrees that:
i. Member will not rent, lease, sublicense, re-sell, distribute, transfer, copy, or modify the
Services or any component thereof;
ii. Member will not access, store, distribute, or transmit any Viruses;
iii. Member will comply with all applicable laws and regulations with respect to use of the
Services;
iv. Member will not translate, decompile, or create or attempt to create, by reverse engineering
or otherwise, the source code from the object code made available hereunder;
v. Member will not reproduce, distribute, modify, create derivative works of, publicly display,
publicly perform, republish, download, store, or transmit the Services or any portion
thereof (except as described in Section 5(b)(ii), listed above);
vi. Member will not delete or alter any copyright, trademark, or other proprietary rights
notices from copies of materials from the Public Website,
vii. Membership Website, or contained in the Services;
viii. Member is solely responsible for acquiring, installing, operating, and maintaining the
hardware and software environment, network connections, and telecommunication links
necessary to access and use the Services; and
ix. Member will not use the Services in any manner, or in connection with any content, data,
hardware, software, or other material, that infringes upon or violates any patent, copyright,
trade secret, trademark, or other intellectual property right of any third party, that
constitutes a defamation, a libel, an invasion of privacy, or a violation of any right of
publicity or other third party right, or that is threatening, harassing, or malicious.
e. Detox America will use reasonable efforts to enable the Services to be accessible, except for scheduled maintenance and required repairs, and except for any interruption due to causes beyond the reasonable control of, or not reasonably foreseeable by Detox America, including, but not limited to, any Force Majeure Event (as defined in Section 18, below). If the Services are in non-conformance with the foregoing undertaking, Detox America will, at its expense, use all reasonable endeavors to correct any such non-conformance promptly or provide Member with an alternative means of accomplishing the desired performance. The foregoing undertaking shall not apply to the extent of any non-conformance caused by use of the Services contrary to Detox America's instructions or modification or alteration of the Services by any party other than Detox America.
YOUR USE OF THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT
YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS, WITHOUT ANY PROMISES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
NEITHER DETOX AMERICA NOR ANY MAN OR WOMAN ASSOCIATED WITH DETOX AMERICA MAKES ANY PROMISE, WARRANTY, OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.
WITHOUT LIMITING THE FOREGOING, NEITHER DETOX AMERICA NOR ANYONE ASSOCIATED WITH DETOX AMERICA PROMISES, REPRESENTS, OR WARRANTS THAT THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE, NOR ANY PORTION THEREOF, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. DETOX AMERICA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
18. FORCE MAJEURE
Detox America will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations that is caused by events outside its reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non- happening, omission, or accident beyond Detox America's reasonable control including, but not limited to, restrictions of law, regulations, orders or other governmental directives, pandemics, labor disputes, acts of God, third party mechanical or other equipment breakdowns, terrorist attacks, fire, explosions, fiber optic cable cuts, interruption or failure of telecommunications or digital transmission links, internet failures or delays, storms, or other similar events.
19. LIMITATION OF LIABILITY
Detox America does not in any manner exclude or limit its liability for (a) death or personal injury caused by its negligence; (b) fraud or fraudulent misrepresentation; or (c) any other matter for which it would be unlawful for Detox America to exclude or attempt to exclude its liability.
In no event will Detox America, its affiliates, licensors, workers, volunteers, agents, advisors, trustees, director, officers or private domain partners be liable to you or any third party for any indirect, consequential losses (where consequential losses means loss arising as a side effect of the main loss) which are not a reasonably foreseeable consequence of such main loss or damage, including, but not limited to, (a) loss of income or revenue; (b) loss of business; (c) loss of profits; (d) loss of anticipated savings; (e) loss of data; or (f) loss of property.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DETOX AMERICA, ITS LICENSORS, AFFILIATES, WORKERS, AGENTS, OFFICERS, TRUSTEES, DIRECTOR OR PRIVATE DOMAIN PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF HEALTH, OR LOSS OF PROPERTY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO OR FROM OUR WEBSITE. YOU WILL BE RESPONSIBLE FOR ALL CLAIMS AND DAMAGES RESULTING FROM THE MISUSE OF THE WEBSITE BY YOU. YOU WILL BE RESPONSIBLE FOR YOUR USE OF ALL PRODUCTS, SERVICES, EVENTS AND ACTIVITIES ASSOCIATED WITH DETOX AMERICA AND/OR MINISTRY OF HEALTH.
20. CHANGES
Except for any provisions determining the primary contractual obligations of Member and Detox America herein, Detox America has the right to revise and amend these Terms of Service from time to time to reflect changes in activity needs including, but not limited to, changes in features and functionality, changes in macro environment conditions, changes in technology, changes in contribution methods, changes in relevant and applicable laws and applicable regulatory requirements, and changes in system capabilities. Changes are effective immediately upon posting, and Member's continued use of any of the Services following the posting of revised Terms of Service means that Member accepts and agrees to the changes, to the extent permitted by applicable laws.
21. EQUITABLE RELIEF
Member agrees to compensate and fully defend Detox America, its officers, workers, agents, volunteers, director, trustees, private domain partners, successors, and assigns from and against any damages, losses, and expenses (including reasonable legal fees) resulting from any third-party claim, action, or demand arising out of any breach by Member of any representation, warranty, covenant, obligation, or duty of Member under this Agreement.
You acknowledge that a breach of any confidentiality or proprietary rights provision of these Terms may cause Detox America irreparable damage, for which the award of damages would not be adequate compensation. Consequently, Detox America may institute an action to enjoin you from any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and Detox America may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which Detox America may be entitled at law or in equity.
22. SURVIVAL
All provisions relating to proprietary rights, contributions, confidentiality, disclaimer of warranty,
indemnification, and limitation of liability shall survive the expiration or earlier termination of these
Terms of Service.
23. GOVERNING LAW AND VENUE
These Terms shall be construed and governed by equitable laws according to our interpretation of the Bible. You agree to take all reasonable steps to resolve any issue directly with the concerned party(ies). These Terms and any dispute shall be governed by the adopted bylaws and internal binding arbitration process of the Ministry of Health, consistent with interpretation of Natural Law. If good-faith efforts fail to resolve an issue, you agree to submit disputes arising out of or in connection with these Terms to arbitration as assigned by Ministry of Health. Limited Power of Courts. You acknowledge and agree that the power and jurisdiction of any local, state or federal courts or agencies shall be strictly limited to enforcement and execution of any ultimate binding judgment or award resulting from the required internal arbitration proceeding herein as the exclusive form of relief, and you expressly waive any objection to this venue or any invocation of forum non conveniens (another forum or court is more appropriate). Additionally, in the event of any dispute or claim relating to or arising out of these Terms of Service (including, but not limited to, any claims of breach of contract, tort, or infringement), Member agrees that all such disputes/claims will be resolved by means of arbitration or jury decision adjudicated by Ministry of Health or an adjudicator assigned by Ministry of Health. If you are a Member in a country of the European Economic Area (EEA) or European Union (EU), these Terms and the relationship between you and us shall be governed by the laws of the EU/EEA member state in which you reside, or if domiciled, to the extent that these jurisdictions are applicable to you.
24. SEVERABILITY
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law,
such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of these Terms will remain in full force and effect.
25. WAIVER AND AMENDMENT
If Detox America fails to insist upon strict performance of your obligations under any of these terms and conditions, or Detox America fails to exercise any of the rights or remedies to which it is entitled under these Terms, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. No waiver by Detox America of any default will constitute a waiver of any subsequent default, and no waiver by Detox America of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
26. GEOGRAPHIC RESTRICTIONS
a. Detox America is not obligated to provide any services to, or specific to, any country or region.
b. Software, functionality, and/or features (collectively, “Service Functionality”), that may be
available on or through the Website from time-to-time, are subject to United States Export
Controls. No Service Functionality from the Website may be downloaded or exported (a) into
(or to a resident of) Iraq, Cuba, Libya, North Korea, Iran, Syria, or any other country which the United States has sanctioned; or (b) anyone on the United States Treasury Department's list of
Specially Designated Nationals or the United States Commerce Department's Table of Deny
Orders. By downloading or using any Service Functionality, you represent and warrant that you
are not residing in, under the control of, or a national or resident of any such country or on any such list. Although the Website may be accessible worldwide, we make no representation that
materials on the Website are appropriate or available for use in locations outside the United
States, and accessing them from territories where their contents are illegal is prohibited. Those
who choose to access the Website from other locations or from forbidden jurisdictions do so at
their own initiative and are responsible for compliance with all applicable laws. Any offer for
any product, service, and/or information made in connection with the Services is void where
prohibited.
27. ASSIGNMENT
No man, woman, or entity not a party to these Terms of Service will be deemed to be a third-party beneficiary of these Terms of Service or any provision herein. Member may not transfer these Terms of Service, in whole or in part. Detox America may transfer these Terms of Service and/or subcontract some or all of its obligations herein at any time.
28. FUTURE TRANSACTIONS
As we continue to develop Detox America, it is possible that we could undergo a change of leadership, such as a merger and/or a transfer and/or a donation of all or substantially all of our assets. In such conveyance, Member information is generally one of the transferred assets, and, by submitting any data or contributions (collectively, “Data”) to us, you agree that such Data may be transferred to such parties in these circumstances. However, any party acquiring our assets will be subject to an obligation to maintain the integrity of your personally identifiable information.
29. NOTICES
Notices may be sent to support@detoxamerica.us (if by email) or to Detox America â„… Ministry of Health, Attn: Agreement Matters, PO Box 161291 Austin, Texas State, The United States of America. Notices to Member may be sent either to the email address supplied in Member's account or to the address supplied by Member as part of his/her registration data. In addition, Detox America may broadcast notices or messages through the Membership Website to inform Members of changes to the Services or other matters of importance, and such broadcasts shall constitute notice to Member to the extent permitted by applicable law. Any notices or communication under these Terms of Service will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (c) five business days after the mailing date, if sent by mail, return receipt requested; (d) on the delivery date if transmitted by email; or (e) within three (3) days after Detox America posts a notice on the Membership Website.
30. COMPLETE UNDERSTANDING
These Terms, together with the documents expressly referred to herein, constitute the sole and entire agreement between you and Detox America with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.
31. YOUR COMMENTS AND CONCERNS
The Website is operated by Detox America. If you have any questions, please contact us via email at Support@detoxamerica.us. If you want to send us notices or service of process, please mail us at the applicable address below:
Detox America
c/o Ministry of Health
PO Box 161291, Austin, Texas State,
The United States of America
Email: support@detoxamerica.us