This web page represents our Terms of Service regarding our website, www.EmetInstitute.com (“Website”), as owned and operated by Emet Institute, LLC. It was last posted on January 17, 2013. The terms, “we” and “our” as used in this Agreement refer to Emet Institute.
We may amend this Agreement at any time by posting the amended terms on our Website. We may or may not post notices on the homepage of our Website when such changes occur.
Emet Institute grants you a non-exclusive, non-transferable, revocable license to access and use our Website, its content, to order products (“Products”) through our Website, and to sign up for exercise classes offered through our Facilities (“Class” or “Classes”) for your own personal, noncommercial use, strictly in accordance with our Legal Terms.
Product Warranties and Claims
You will at all times look to the manufacturer of the Products you purchase with regards to any warranties or other legal claims.
Colors of Products
We have done our best to display as accurately as possible the colors of the Products shown on our Website. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
You understand that the manufacturers of Products sold through our Website may claim that their Products can be used for medical treatment or effect. You understand that agree that we do not endorse or otherwise guarantee this claims and that such Products and claims are subject to our Medical Health Disclaimer.
Please refer to our Shipping Policy for information regarding the shipment of Products you may purchase to you. Our Shipping Policy is incorporated into our Legal Terms by reference.
You can sign up for Classes through either our Website or in person at our Facilities. By signing up for a Class, you agree to be bound by our Legal Terms, including our Medical Health Disclaimer. You agree to pay the cost of a Class in full at the time you sign up for it. If you are disruptive to Class in our sole opinion, we reserve the right to remove you from the Class without refund.
Returns and Refunds
Due to the health-related nature of our Products, we will not offer returns or refunds for any Products that have been opened. For further information on returning Products, please refer to our Returns and Refunds Policy for information regarding the return of Products you may purchase. Our Returns and Refunds Policy is incorporated into our Legal Terms by reference.
For Classes, we do not offer refunds. However, if you are removed from a Class due to medical reasons, we may refund you the unused portion of the Class at our sole discretion.
Correction of Errors and Inaccuracies
The information on our Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to Product or Class descriptions, pricing and availability. We apologize for any inconvenience this may cause you.
From time to time our Website or postings at our Facilities may contain articles or other information from third parties that we feel may be of interest to you. While we attempt to provide information that is accurate, we do not represent that all information contained in such articles or obtained from third parties is correct and the publishing of third-party articles shall not in any event be deemed an endorsement by Emet Institute of the material contained therein. The opinions contained in any such article are not necessarily the opinion of Emet Institute.
Postings on our Website and at our Facilities are made at such times as Emet Institute determines in its discretion. You should not assume that the information contained on our Website and at our Facilities have been updated or otherwise contains current information. Emet Institute does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. THE INFORMATION AND MATERIALS ON OUR WEBSITE AND AT OUR FACILITIES ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
No Warranties; Exclusion of Liability; Indemnification
OUR WEBSITE IS OPERATED BY EMET INSTITUTE ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW. EMET INSTITUTE SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT FOR OUR WEBSITE, ANY PRODUCTS YOU PURCHASE FROM IT, AND ANY CLASSES YOU PARTICIPATE IN. EMET INSTITUTE SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR WEBSITE, FOR PRODUCTS SOLD THROUGH OUR WEBSITE, FOR CLASSES YOU PARTICIPATE IN, OR FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR WEBSITE OR CLASSES OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH OUR WEBSITE, PRODUCTS, OR CLASSES. YOUR USE OF OUR WEBSITE, USE OF PRODUCTS, AND PARTICIPATION IN OUR CLASSES IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER EMET INSTITUTE OR THEIR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OUR WEBSITE, PRODUCTS PURCHASED THROUGH OUR WEBSITE, PARTICIPATION IN OUR CLASSES, THE DELAY OR INABILITY TO USE OUR WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH OUR WEBSITE, PRODUCTS, OR CLASSES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT SHALL EMET INSTITUTE’S LIABILITY FOR ANY DAMAGE CLAIM EXCEED THE AMOUNT PAID BY YOU TO EMET INSTITUTE FOR THE TRANSACTION GIVING RISE TO SUCH DAMAGE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, EMET INSTITUTE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE OR AS FOUND AT OUR FACILITIES IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT OUR WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
YOU AGREE THAT ALL TIMES, YOU WILL LOOK TO THE MANUFACTURER OF ANY PRODUCTS YOU PURCHASE THROUGH OUR WEBSITE OR AT OUR FACILITIES FOR ANY CLAIMS OF ANY NATURE, INCLUDING DEATH, LOSS, DAMAGE, OR WARRANTY. EMET INSTITUTE AND THEIR RESPECTIVE AFFILIATES MAKE NO REPRESENTATION OR GUARANTEES ABOUT ANY SUCH PRODUCT.
WITHOUT LIMITING THE FOREGOING, BUT SUBJECT TO THE RETURN POLICY, EMET INSTITUTE DISCLAIMS ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION.
EMET INSTITUTE MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON OUR WEBSITE OR AT OUR FACILITIES IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
Copyrights and Trademarks
Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website or shown at our Facilities are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (“Intellectual Property”) owned, controlled or licensed by Emet Institute. Our Website as a whole is protected by copyright and trade dress. Nothing should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property without the prior written permission of the Intellectual Property owner. Emet Institute aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of Emet Institute, may not be used in any way, including in advertising or publicity pertaining to distribution of written or electronic materials, without prior, written permission from Emet Institute. Emet Institute prohibits use of any logo of Emet Institute or any of its affiliates as part of a link to or from any Website unless establishment of such a link is approved in advance by Emet Institute in writing. Fair use of Emet Institute’ Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners.
Links to Third-Party Websites
Our Website may contain links to Websites owned or operated by parties other than Emet Institute. Such links are provided for your reference only. Emet Institute does not monitor or control outside Websites and is not responsible for their content. Emet Institute’ inclusion of links to an outside Website does not imply any endorsement of the material on our Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Emet Institute’ inclusion of the links imply that Emet Institute is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Website.
You agree to defend, indemnify and hold Emet Institute harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of our Website, Products, or Classes.
Contacting Us/Feedback, Postings and Communications
If you have any questions about our Legal Terms or our Website, please contact us.
Although Emet Institute will in most circumstances be able to receive your e-mail or other information provided through our Website, Emet Institute does not guarantee that it will receive all such email or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that Internet email typically is not secure.
All comments, feedback, postcards, suggestions, ideas and other submissions disclosed, submitted or offered to Emet Institute on or by our Website or at our Facilities, or otherwise disclosed, submitted or offered in connection with your use of our Website. Products, and Classes (collectively, “Communications”) shall be and remain the property of Emet Institute. Such disclosure, submission or offer of any Communications shall become the property of Emet Institute with regard to all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Communications. Accordingly, Emet Institute will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Communications. Emet Institute is and shall be under no obligation (1) to maintain any Communications in confidence; (2) to pay you or anyone else any compensation for any Communications; or (3) to respond to your Communications. You agree that no Communications submitted by you will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Communications submitted by you will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Communications you make and we are not responsible for any falsehoods or inaccuracies in the information you provide to us. You agree that Emet Institute may use and/or disclose information about your demographics and use of our Website and Facilities in any manner that does not reveal your identity. You agree that Emet Institute may (but shall not be obligated to) send email to you for the purpose of advising you of changes or additions to our Website, about any of Emet Institute’ Products or Classes, or for such other purpose(s) as Emet Institute deems appropriate.
You agree that the laws of the State of Florida in the United States govern our Legal Terms, any Products you may purchase, our Classes, and your use of our Website. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Miami, Florida, in the United States for all disputes (a) arising out of, relating to or concerning our Website, Products, Classes, or our Legal Terms, (b) in which our Website, Products, Classes, or our Legal Terms are an issue or a material fact, or (c) in which our Website, Products, Classes, or our Legal Terms are referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of our Website is unauthorized in any jurisdiction that does not give full effect to all provisions of our Legal Terms, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Emet Institute has endeavored to comply with all legal requirements known to it in creating and maintaining our Website but makes no representation that materials on our Website are appropriate or available for use in any particular jurisdiction. Use of our Website is unauthorized in any jurisdiction where all or any portion of our Website may violate any legal requirements and you agree not to access our Website in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of our Legal Terms is at your own risk and, if any part of our Legal Terms is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall govern such use.
Any claim, dispute or controversy arising out of, relating to or concerning our Website, Products, Classes, or our Legal Terms shall be decided by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and any such arbitration proceedings shall be brought and held exclusively in Miami, Florida, in the United States. The decisions of the arbitrators shall be final, binding and conclusive upon all parties involved, and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction. The Convention on International Sale of Goods shall not apply to any sale or other transaction made through our Website. Each party shall initially bear one half of the cost of such arbitration, though the prevailing party may seek return of their costs including reasonable attorney fees.
You agree that Emet Institute may at any time and without notice change the terms, conditions and notices under which our Website is offered.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Emet Institute as a result of our Legal Terms or your use of our Website, Products, or Classes.
Emet Institute’ performance of our Legal Terms is subject to existing laws and legal process, and nothing contained in our Legal Terms is in derogation of Emet Institute’ right to comply with law enforcement requests or requirements relating to your use of our Website, Products, Classes, or information provided to or gathered by Emet Institute with respect to such use.
Our Legal Terms constitute the entire agreement between you and Emet Institute with respect to our Website, Products, and Classes. These Legal Terms supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Emet Institute with respect to our Website, Products, and Classes. No modification of these Legal Terms shall be effective unless it is authored by Emet Institute or its affiliates, or unless it is physically signed by a Emet Institute officer. Any alleged waiver of any breach of these Legal Terms shall not be deemed to be a waiver of any future breach. A printed version of these Legal Terms and/or of any notice given by Emet Institute in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Legal Terms or your use of our Website, Products, or Classes to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Emet Institute in printed form.