This website is operated by Dr. Kyrin Dunston/Midlife Metabolism Institute LLC, and throughout the site, the terms “we”, “us” and “our” refer to these entities. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Please read these Terms of Service carefully, as well as our Disclaimer and Privacy Policy before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service, our Privacy Policy, our Refund Policy and any other terms and conditions that may apply to specific sections of the site or to products and services available through the site. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
You agree that by using this website that you are at least 18 years of age, or are visiting under the supervision of a parent or guardian, and legally able to enter into a contract.
Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1. USE OF THIS WEBSITE
We grant you a limited license to access and use this website for your personal use, and to copy, distribute, and transmit the content of these websites only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using these website for your personal use or for the purpose of purchasing our products for resale if you are an authorized reseller of such products (“Authorized Reseller”) (see Section 24 below). This license does not include any resale or commercial use of these websites or its contents; any collection and use of any product listings, or descriptions; any derivative use of these websites or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or data gathering and extraction tools.
Articles, videos, audio files and all other information on this website may not be copied without permission. You may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content provided on this site, in whole or in part, and more specifically, you will not print, copy, or ‘lend’ to any other person. By purchasing any eBook, product or program, you hereby acknowledge and agree to these terms.
You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without the express written consent of Dr. Kyrin Dunston/Midlife Metabolism Institute LLC. Any unauthorized use terminates the permission or license granted by Dr. Kyrin Dunston/Midlife Metabolism Institute LLC.
We reserve the right to change any information, features and functions of these websites without prior notice. We reserve the right to stop supplying any of our products, programs or services at any time at our absolute discretion. We may refuse service, terminate accounts and/or deny access to any or all parts of these websites if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms, our rights or the rights of any third party. Use of these websites for any illegal or unauthorized purpose is strictly prohibited.
2. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this website, you warrant to us that you will not use this website for any purpose that is unlawful or prohibited by these Terms. You may not use this website in any manner, which could damage, disable, overburden, or impair this website or interfere with any other party’s use and enjoyment of this website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this website.
3. NO MEDICAL ADVICE
The information contained on this website, or provided at your request in coaching programs, is provided for informational purposes only and is not intended to replace a one-on-one relationship with a qualified health care profession and is not intended as medical or health care advice. We do not market or sell products for the purposes of diagnosing, treating, curing or preventing any disease.
We do not recommend any particular form of medical treatment or that persons manage their own health problems without the advice of a licensed health care practitioner. Information found or received through these websites should not be used in place of a visit with, call to, consultation or advice from their health care provider.
If you suspect you have a medical problem, or should you have any health care related questions, please promptly call or see your health care practitioner. Do not disregard professional medical advice or delay in seeking professional advice because of something you have read on this website. Before using any products offered on these websites, carefully read all labels and heed all directions and cautions that accompany the products. Always speak with your physician or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, or using any treatment for a health problem.
Information provided on this website and the use by you of any products, programs or services referenced on this website DOES NOT create a doctor-patient relationship between you and Dr. Kyrin Dunston/Midlife Metabolism Institute LLC.
Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
The testimonials on this website are individual cases and do not guarantee that you will get the same results.
4. PRODUCTS AND SERVICES
The products, programs and services made available on this website are intended for personal use only or if you are an Authorized Reseller then solely for the purpose of purchasing our products for resale under Section 24 below. Except in the case of Authorized Resellers (see Section 24 below), you may not assign, transfer, re-market, resell or otherwise dispose of, such products and services without obtaining Dr. Kyrin Dunston/Midlife Metabolism Institute LLC’s prior written consent. Dr. Kyrin Dunston/Midlife Metabolism Institute LLC and its suppliers may cancel or modify purchases on this website if it appears that they are the result of fraudulent or inappropriate activity, including those listed directly above in this section, or under other circumstances where it appears that the purchase contains or has resulted from a mistake or error.
Other terms and conditions included on this website, including our Return Policy, may apply to your purchase and are incorporated by reference herein. We may revise and discontinue products at any time, without notice. We reserve the right to limit order quantity at any time without notice. Prices for our products are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
5. BILLING AND PAYMENT
Terms of payment are within our sole discretion, and unless otherwise agreed to by us, payment must be received by us prior to our acceptance of an order. Payment for the products ordered through the website may be made through a valid credit card, debit card or other payment method offered through the website. Orders are not binding upon us, until accepted by us. We reserve the right to refuse and refund any order or part of any order placed on this website. Additional payment terms for Authorized Resellers set forth in Section 24 below.
6. SHIPPING AND TAXES
Product is shipped FOB Shipping Point/FOB Origin. That is, you are the buyer or Authorized Reseller pay shipping costs and take responsibility for products when they leave our warehouse. Separate charges for shipping and handling will be shown on the checkout page. Unless you provide us with a valid and correct tax exemption certificate applicable to the product ship-to location prior to our acceptance of the order, you are responsible for sales and all other taxes associated with your order, however designated, except for our franchise taxes and taxes on our net income. If applicable, a separate charge for taxes will be shown on the checkout page.
7. TITLE; RISK OF LOSS
Title to products passes from us to you on shipment from our facility. Loss or damage that occurs during shipping is your responsibility. Title to any software will remain with the applicable licensor(s).
8. REFUND POLICY
Our Refund Policy can be found at:
https://midlifemetabolisminstitute.com/policies/refund-policy
9. ACCOUNTS
Some services on this website permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the “Registration Data”). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You are responsible for maintaining the confidentiality and security of that username and password, and are responsible for all activity on your account whether or not authorized. You also agree to promptly notify us at hello@midlifemetabolisminstitute.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to these websites.
We may suspend or terminate your account and your ability to use this website or portion thereof for failure to comply with these Terms or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.
10. ELECTRONIC COMMUNICATIONS
When you use the website, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the websites. 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.
11. FORUMS / BLOG / SOCIAL MEDIA
“Forum” means an area, site or feature offered as part of this website that offers the opportunity for users to post content for viewing by one or more website users, including private program membership areas, private Facebook group pages, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, e-mail function. Additionally, “Forum” includes any other website page created by us, on one or more social media pages, including, but not limited to Facebook, Twitter/X, Instagram, Youtube and Pinterest.
You acknowledge that Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any content posted to a public Forum. We cannot guarantee the security of any information you disclose through any of these Forums; you make such disclosures at your own risk. You agree to use the Forums only to post, send and receive messages and material that are proper and related to a particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you will not:
-Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.-Publish or make any claims about any product or services that are false or misleading or post any testimonial about products or services that you have not used.-Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.-Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.-Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.-Advertise or offer to sell or buy any goods or services for any business purpose, unless such Forum specifically allows such messages.-Conduct or forward surveys, contests, pyramid schemes or chain letters.-Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.-Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.-Restrict or inhibit any other user from using and enjoying a Forum.-Violate any code of conduct or other guidelines which may be applicable for any particular Forum.-Harvest or otherwise collect information about others, including e-mail addresses, without their consent.-Violate any applicable laws or regulations.
You are and shall remain solely responsible for the content you post on or through this website under your username or otherwise by you in any Forum and for the consequences of submitting and posting same. We have no duty to monitor any Forum, although we reserve the right to review material posted to a Forum and to remove any materials in our sole discretion. We market and sell various dietary supplements and shake products, books, digital products and programs. These products are not intended to diagnose, treat, cure, or prevent any disease. Dr. Kyrin Dunston/Midlife Metabolism Institute LLC, and the administrators of this website and any Forum on this website reserve the right to remove, edit, move or close any content item for any reason, including, but not limited to, comments that are in violation of the laws and regulations issued pursuant to the Federal Food, Drug and Cosmetic Act.
We reserve the right to terminate your access to any or all Forums at any time without notice for any reason whatsoever. We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to content you post on this website.
Also, you should be skeptical about information provided by others, and you acknowledge that the use of any content posted on any Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Forum and we specifically disclaim any and all liability in connection therewith.
12. INTELLECTUAL PROPERTY INFRINGEMENT
We respect the intellectual property rights of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, terminate service and/or access to this website for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on these websites, please provide Dr. Kyrin Dunston/Midlife Metabolism Institute LLC’s designated agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. 512:
-A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.-Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site is covered by a single notification, a representative list of such works at that site.-Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at these websites, and information reasonably sufficient to permit Dr. Kyrin Dunston/Midlife Metabolism Institute LLC to locate the material.-Information reasonably sufficient to permit Dr. Kyrin Dunston/Midlife Metabolism Institute LLC to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.-A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.-A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Dr. Kyrin Dunston/Midlife Metabolism Institute LLC’s agent for notice of claims of copyright or trademark infringement on these websites can be reached via email to: hello@midlifemetabolisminstitute.com.
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to our designated agent that includes all of the following information:
-Your physical or electronic signature;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 access to it was disabled;-A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and-Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
We reserve the right, in its sole discretion, to terminate the account or access of any user of these websites who is the subject of repeated DMCA or other infringement notifications.
13. DISCLAIMERS AND LIMITATION OF LIABILITY
YOU ASSUME ALL RISK OF USING THIS WEBSITE AND THE PRODUCTS, PROGRAMS AND SERVICES OFFERED ON THIS WEBSITE. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THIS WEBSITE AND THE PRODUCTS, PROGRAMS AND SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, UNLESS SPECIFICALLY SET FORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Dr. Kyrin Dunston/Midlife Metabolism Institute LLC AND ITS THIRD PARTY SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Dr. Kyrin Dunston/Midlife Metabolism Institute LLC DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Dr. Kyrin Dunston/Midlife Metabolism Institute LLC DOES NOT MAKE ANY WARRANTES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THESE WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Dr. Kyrin Dunston/Midlife Metabolism Institute LLC AND ITS THIRD PARTY SUPPLIERS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR MATERIALS ON THE SITE, EVEN IF Dr. Kyrin Dunston/Midlife Metabolism Institute LLC OR ITS THIRD PARTY SUPPLIER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
14. COPYRIGHT
The technology underlying, and the entire contents of this website, including but not limited to text, graphics, images, audio clips, digital downloads, data compilation or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Dr. Kyrin Dunston/Midlife Metabolism Institute LLC, and is protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to Dr. Copyright 2024-2027 Dr. Kyrin Dunston/Midlife Metabolism Institute LLC All rights reserved.
15. TRADEMARK GUIDELINES
All trademarked names and logos used on this website are owned by Dr. Kyrin Dunston/Midlife Metabolism Institute LLC (“Dr. Kyrin Dunston/Midlife Metabolism Institute LLC”). Dr. Kyrin Dunston/Midlife Metabolism Institute LLC’s Trademarks are valuable assets and any unauthorized use of the Trademarks is strictly prohibited. Dr. Kyrin Dunston/Midlife Metabolism Institute LLC Trademark Guidelines contain detailed information about how to refer to Dr. Kyrin Dunston/Midlife Metabolism Institute LLC’s trademarks in different scenarios. These Trademark Guidelines are designed to ensure proper legal use of the Dr. Kyrin Dunston/Midlife Metabolism Institute LLC Trademarks and to prevent customer confusion that can result from improper or illegal usage.
Permissible Uses
Proper use of Dr. Kyrin Dunston/Midlife Metabolism Institute LLC’s Trademarks is important. You may use the Dr. Kyrin Dunston/Midlife Metabolism Institute LLC trademarks to accurately describe or refer to Dr. Kyrin Dunston/Midlife Metabolism Institute LLC’s goods and services, provided you follow these Guidelines. For example, you may use the trademark Dr. Kyrin Dunston/Midlife Metabolism Institute LLC’s Shine Shake to discuss and review the protein drink created by Dr. Kyrin Dunston/Midlife Metabolism Institute LLC and nutritional information and guidance provided by Dr. Kyrin Dunston/Midlife Metabolism Institute LLC. Similarly, an authorized seller of Dr. Kyrin Dunston/Midlife Metabolism Institute LLC’s Divine Detox product may use the Dr. Kyrin Dunston/Midlife Metabolism Institute LLC Trademarks to indicate that it is selling Dr. Kyrin Dunston/Midlife Metabolism Institute LLC's Divine Detox product.
The font size of the phrases using the Dr. Kyrin Dunston/Midlife Metabolism Institute LLC Trademarks should not be larger than the surrounding font, and should not appear more prominently than the name/logo of your own product or business.
You may not use the Dr. Kyrin Dunston/Midlife Metabolism Institute LLC Trademarks to direct your visitors to Dr. Kyrin Dunston/Midlife Metabolism Institute LLC’s homepage or other websites and product pages without our written permission.
Prohibited Uses
Do not use the Dr. Kyrin Dunston/Midlife Metabolism Institute LLC Trademarks in a way that would mislead consumers that you or your products or services are somehow related to, endorsed by, or affiliated with Dr. Kyrin Dunston/Midlife Metabolism Institute LLC.
You may not place your name, trademarks, service marks, or product names next to (or combine them with) the Dr. Kyrin Dunston/Midlife Metabolism Institute LLC’s Trademarks.
Logos. You may not use the Dr. Kyrin Dunston/Midlife Metabolism Institute LLC logos, artwork, trade dress, designs or any combination of these, or any trademark including these (together, the “Logos”), for any purpose without prior written consent from Dr. Kyrin Dunston/Midlife Metabolism Institute LLC.
Domain Names, Meta tags, Hidden Text. You may not incorporate the Dr. Kyrin Dunston/Midlife Metabolism Institute LLC Trademarks in any domain name, meta tag, or other hidden text in a web page without prior written authorization from Dr. Kyrin Dunston/Midlife Metabolism Institute LLC.
Internet Advertising Keywords. You may not use or incorporate the Dr. Kyrin Dunston/Midlife Metabolism Institute LLC Trademarks in any internet advertising keyword, Ad Word, hashtag, or other term used to trigger advertising or search engine results without prior written permission from Dr. Kyrin Dunston/Midlife Metabolism Institute LLC.
Merchandise Items. You may not manufacture, sell, or give away merchandise items bearing any of the Dr. Kyrin Dunston/Midlife Metabolism Institute LLC Trademarks without first obtaining a written license from Dr. Kyrin Dunston/Midlife Metabolism Institute LLC.
Social Media Guidelines
Do not use Dr. Kyrin Dunston/Midlife Metabolism Institute LLC Trademarks as any part of your social media account name, user name, page name, or as a community name.
General Use Guidelines
Goodwill. All uses and goodwill associated with the Dr. Kyrin Dunston/Midlife Metabolism Institute LLC Trademarks will inure to the benefit of Dr. Kyrin Dunston/Midlife Metabolism Institute LLC
Reservation of Rights. Unless otherwise agreed to in writing, Dr. Kyrin Dunston/Midlife Metabolism Institute LLC reserves the right to terminate permission to copy, reproduce, or display the Dr. Kyrin Dunston/Midlife Metabolism Institute LLC Trademarks and to demand that the Dr. Kyrin Dunston/Midlife Metabolism Institute LLC Trademarks cease to be used at any time, in its sole discretion. Dr. Kyrin Dunston/Midlife Metabolism Institute LLC reserves the right to object to unfair uses or misuses of its Dr. Kyrin Dunston/Midlife Metabolism Institute LLC Trademarks and other violations of law, as well as uses that Dr. Kyrin Dunston/Midlife Metabolism Institute LLC in its sole discretion deems unlawful or improper, even if such use is not expressly prohibited by these Guidelines. Dr. Kyrin Dunston/Midlife Metabolism Institute LLC reserves the right to revise these Trademark Guidelines at any time, without notice.
Contact Information
For any questions regarding the proper usage of the Dr. Kyrin Dunston/Midlife Metabolism Institute LLC Trademarks, the proper notices, or to seek permission to use the Dr. Kyrin Dunston/Midlife Metabolism Institute LLC Trademarks please contact Dr. Kyrin Dunston/Midlife Metabolism Institute LLC at hello@midlifemetabolisminstitute.com
16. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Dr. Kyrin Dunston/Midlife Metabolism Institute LLC. Parties, and each of their officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions, or any activity related to use of these websites (including negligent or wrongful conduct) by you or any other person accessing these websites using your Internet account.
17. PRIVACY
Registration Data and certain other information about you are subject to our Privacy Policy. You understand that the technical processing and transmission of these websites may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
18. THIRD-PARTY LINKS
This website may link to websites operated by third parties (“Third Party Sites”). We have no control over these Third Party Sites, all of which have separate privacy and data collection practices, independent of our own, and we are not responsible for, nor do we endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such Third Party Sites. These Third Party Sites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that we not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not Dr. Kyrin Dunston/Midlife Metabolism Institute LLC. Neither Dr. Kyrin Dunston/Midlife Metabolism Institute LLC nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, Dr. Kyrin Dunston/Midlife Metabolism Institute LLC neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized Dr. Kyrin Dunston/Midlife Metabolism Institute LLC representative while acting in his/her official capacity.
Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.
Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Dr. Kyrin Dunston/Midlife Metabolism Institute LLC shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
19. DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at hello@kyrindunstonmd.com or hello@midlifemetabolisminstitute.com. This Dispute Resolution and Arbitration; Class Action Waiver provision (“Provision”) facilitates the prompt and efficient resolution of any disputes that may arise between you and us as defined below. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision.
Please read this Provision carefully. It provides that all Disputes between you and us shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys’ fees).
For the purpose of this Provision, “us”, “we”, “our” and “Dr. Kyrin Dunston/Midlife Metabolism Institute LLC” means Dr. Kyrin Dunston/Midlife Metabolism Institute LLC., and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Dr. Kyrin Dunston/Midlife Metabolism Institute LLC regarding any aspect of your relationship with Dr. Kyrin Dunston/Midlife Metabolism Institute LLC whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as Dr. Kyrin Dunston/Midlife Metabolism Institute LLC’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give Dr. Kyrin Dunston/Midlife Metabolism Institute LLC an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Dr. Kyrin Dunston/Midlife Metabolism Institute LLC at hello@kyrindunstonmd.com. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If any Dr. Kyrin Dunston/Midlife Metabolism Institute LLC does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.
Arbitration Procedures
If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or Dr. Kyrin Dunston/Midlife Metabolism Institute LLC may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because this website and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or Dr. Kyrin Dunston/Midlife Metabolism Institute LLC may initiate arbitration in either Georgia or the federal judicial district that includes your billing address. In the event that you select the federal judicial district that includes your billing address, Dr. Kyrin Dunston/Midlife Metabolism Institute LLC may transfer the arbitration to Georgia in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.
Payment of Arbitration Fees and Costs – Dr. Kyrin Dunston/Midlife Metabolism Institute LLC will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Dr. Kyrin Dunston/Midlife Metabolism Institute LLC as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys’ fees and costs as determined by the arbitrator.
Class Action Waiver
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 or claims (such as a class action, consolidated action or private attorney general action) unless both you and Dr. Kyrin Dunston/Midlife Metabolism Institute LLC specifically agree to do so following initiation of the arbitration.
Jury Waiver
You understand and agree that by entering into this Agreement you and Dr. Kyrin Dunston/Midlife Metabolism Institute LLC are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and Dr. Kyrin Dunston/Midlife Metabolism Institute LLC might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
Severability
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
Continuation
This Provision shall survive the termination of your account or other relationship with Dr. Kyrin Dunston/Midlife Metabolism Institute LLC. Notwithstanding any provision in this Agreement to the contrary, we agree that if Dr. Kyrin Dunston/Midlife Metabolism Institute LLC makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require Dr. Kyrin Dunston/Midlife Metabolism Institute LLC adhere to the language in this Provision if a Dispute between you and the Dr. Kyrin Dunston/Midlife Metabolism Institute LLC arises.
20. LOCAL LAWS; EXPORT CONTROL
Dr. Kyrin Dunston/Midlife Metabolism Institute LLC controls and operates this website from its headquarters in the United States of America and the products and material offered on these websites may not be appropriate or available for use in other locations. If you use these websites or the products outside the United States of America, you are responsible for compliance with applicable local laws.
21. APPLICABLE LAW
Your use of this website shall be governed in all respects by the laws of the state of Georgia, U.S.A., without regard to its choice of law provisions.
22. TYPOGRAPHICAL ERRORS
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Dr. Kyrin Dunston/Midlife Metabolism Institute LLC shall have the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your credit card or debit card charged. If your credit card or debit card has already been charged for the purchase and your order is canceled, Dr. Kyrin Dunston/Midlife Metabolism Institute LLC shall promptly issue a credit to your credit card or debit card account in the amount of the charge.
23. TERMINATION
The provisions relating to Intellectual Property Infringement, Copyrights, Dr. Kyrin Dunston/Midlife Metabolism Institute LLC Trademark Guidelines, Disclaimers and Limitation of Liability, Indemnification, Dispute Resolution and Arbitration; Class Action Waiver, Local Laws; Export Control, Applicable Law, and Typographical Errors shall in all events survive any termination of your account or any termination of these Terms.
24. RESELLER PROVISIONS
You may be permitted to purchase our products as an Authorized Reseller. To become an Authorized Reseller, you must complete our Reseller application. We reserve the right in our sole discretion to approve or disapprove any application for an Authorized Reseller status and to terminate any person’s status as an Authorized Reseller at any time for any reason or for convenience, and with or without notice. Upon termination, Authorized Reseller shall immediately cease any further purchase, resale or use of our products.
Authorized Reseller shall have the non-exclusive, non-transferable right to purchase our products on the Authorized Reseller List for resale to consumers solely through Authorized Reseller’s websites as approved by us. Authorized Resellers shall not sell or distribute our products to other wholesalers or distributors or through third-party websites (e.g. Amazon).
Authorized Reseller shall not alter or modify the products or their packaging, or place any trademarks, logos or designs on the products that are not approved in writing by Dr. Kyrin Dunston/Midlife Metabolism Institute LLC.
Authorized Reseller may not bundle our products with other brands of similar products. Authorize Reseller may not display our products online next to other brands of similar products (i.e. you may not have product pages for our products that show other brands of similar products).
Authorized Reseller is solely responsible for ensuring that its resale of the products complies with all applicable laws, rules, regulations and orders in any jurisdiction or territory in which Authorized Reseller operates or resells the products. Authorized Reseller shall be solely responsible for complying with any and all import and export control laws and regulations of the United States and any other country or jurisdiction into which it has been permitted to distribute our products.
Authorized Reseller shall be responsible for all taxes of any nature which become due with regard to resale of our products, including, but not limited to, all sales, use, VAT, GST and other taxes, but excluding taxes on our income. In addition, Authorized Reseller shall pay all import and export duties, government permit fees, license fees, customs fees and similar fees levied as a result of the existence or operation of these Terms and any penalties, interest, collection costs and withholding costs associated with any of the foregoing.
Authorized Reseller shall pay for the products and shipping in advance upon placement of the order, provided that payment may be made via bank wire or ACH transfer in addition to the other methods described above.
Authorized Reseller Returns
If you are not 100% satisfied with your purchase please contact us at hello@kyrindunstonmd.com. You must receive a return authorization from us prior to returning any product for a refund.
Supplements can be returned up to 90 days from when you received your order. There will be an additional 20% restocking charge on all returns. We will only accept returns of new and unused products in their original unopened packaging. If the item cannot be considered new anymore then we will not take it back. You will not be refunded the delivery cost for when the item was shipped to your business. We will refund your money within 10 business days of receiving your return shipment back to our facility, provided that we are responsible for delays in processing by credit card issuers, banks and payment processors. The refund method will be identical to the original payment method. Please note that although we have issued the refund, the funds may not be immediately available to you. The process of our bank and your bank transferring funds back to you could take an additional week, with additional fees. You may choose the return delivery method, however we recommend that the method you choose allows you to receive a tracking number.
Due to customs and export or import restrictions some of our products may not be allowed for importation into certain countries. Authorized Reseller Customers are responsible for the products once their order has shipped including products that may be rejected, confiscated or destroyed by customs officials. We do not accept returns due to problems relating to not following customs regulations or any export rule, law, regulation or order.
We reserve the right to approve all online marketing and sales materials, including websites, blogs, and online stores pertaining to our products prior to publication.
Resellers are not eligible for free shipping, nor are they eligible for promotional offers or our VIP program.
In carrying out these Terms, Authorized Reseller will be solely responsible for all aspects of its operation, including human resources, information technology, insurance and legal compliance. Authorized Reseller shall also conduct itself in an ethical and lawful manner, will exercise its best efforts to achieve a high level of customer satisfaction, and will do nothing to bring the reputation of Dr. Kyrin Dunston/Midlife Metabolism Institute LLC into disrepute.
Reseller shall indemnify, defend and hold us harmless from any claims or damages (inclusive of Dr. Kyrin Dunston/Midlife Metabolism Institute LLC’s attorneys’ fees) made against us as a result of (a) any negligence, misrepresentation, error or omission on the part of Reseller or its representatives, (b) any claims, warranties or representations made by Reseller or Reseller’s employees or agents which differ from those made by us on our products, (c) any claim by a customer relating to any support or services provided by Reseller or any contractor of Reseller relating to our products, or (d) any breach of these Terms by Reseller.
Reseller is, and at all times shall be, an independent contractor in all matters relating to these Terms, and shall not be deemed an agent, employee, franchise or partner of ours. Reseller and its personnel will not be entitled to any of the benefits that we may make available to our employees, including, but not limited to, group health or life insurance, profit sharing or retirement benefits.
25. SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS ANDCONDITIONS
Midlife Metabolism Institute LLC (hereinafter, “We,” “Us,” “Our”) is offering a mobilemessaging program (the “Program”), which you agree to use and participate insubject to these Mobile Messaging Terms and Conditions and Privacy Policy (the“Agreement”). By opting in to or participating in any of our Programs, you acceptand agree to these terms and conditions, including, without limitation, youragreement to resolve any disputes with us through binding, individual-onlyarbitration, as detailed in the “Dispute Resolution” section below. ThisAgreement is limited to the Program and is not intended to modify other Termsand Conditions or Privacy Policy that may govern the relationship between youand Us in other contexts.
User Opt In: The Program allows Users to receive SMS/MMS mobile messagesby affirmatively opting into the Program, such as through online orapplication-based enrollment forms. Regardless of the opt-in method you utilizedto join the Program, you agree that this Agreement applies to your participation inthe Program. By participating in the Program, you agree to receive autodialed orprerecorded marketing mobile messages at the phone number associated withyour opt-in, and you understand that consent is not required to make anypurchase from Us. While you consent to receive messages sent using anautodialer, the foregoing shall not be interpreted to suggest or imply that any orall of Our mobile messages are sent using an automatic telephone dialing system(“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or nolonger agree to this Agreement, you agree to reply STOP, END, CANCEL,UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out ofthe Program. You may receive an additional mobile message confirming yourdecision to opt out. You understand and agree that the foregoing options are theonly reasonable methods of opting out. You also understand and agree that anyother method of opting out, including, but not limited to, texting words other thanthose set forth above or verbally requesting one of our employees to remove youfrom our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobiletelephone number that has been used to subscribe to the Program, includingcanceling your service plan or selling or transferring the phone number toanother party, you agree that you will complete the User Opt Out process setforth above prior to ending your use of the mobile telephone number. Youunderstand and agree that your agreement to do so is a material part of theseterms and conditions. You further agree that, i f you discontinue the use ofyour mobile telephone number without notifying Us of such change, youagree that you will be responsible for all costs (including attorneys’ fees)and liabilities incurred by Us, or any party that assists in the delivery of themobile messages, as a result of claims brought by individual(s) who arelater assigned that mobile telephone number. This duty and agreement shallsurvive any cancellation or termination of your agreement to participate in any ofour Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD USHARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOURFAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVEPROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THETELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., ORSIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONSPROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TOCONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that optinto the Program can expect to receive messages concerning the marketing andsale of our products, programs and services.
Cost and Frequency: Message and data rates may apply. The Programinvolves recurring mobile messages, and additional mobile messages may besent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” tothe number you received messages from or email us at hello@kyrindunstonmd.com. Please note that the use of thisemail address is not an acceptable method of opting out of the program. Optouts must be submitted in accordance with the procedures set forth above.MMS Disclosure: The Program will send SMS TMs (terminating messages) ifyour mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis andmay not be available in all areas at all times and may not continue to work in theevent of product, software, coverage or other changes made by your wirelesscarrier. We will not be liable for any delays or failures in the receipt of any mobilemessages connected with this Program. Delivery of mobile messages is subjectto effective transmission from your wireless service provider/network operatorand is outside of Our control. T-Mobile is not liable for delayed or undeliveredmobile messages.
Participant Requirements: You must have a wireless device of your own,capable of two-way messaging, be using a participating wireless carrier, and be awireless service subscriber with text messaging service. Not all cellular phoneproviders carry the necessary service to participate. Check your phonecapabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are underthirteen (13) years of age. If you use or engage with the Platform and arebetween the ages of thirteen (13) and eighteen (18) years of age, you must haveyour parent’s or legal guardian’s permission to do so. By using or engaging withthe Platform, you acknowledge and agree that you are not under the age ofthirteen (13) years, are between the ages of thirteen (13) and eighteen (18) andhave your parent’s or legal guardian’s permission to use or engage with thePlatform, or are of adult age in your jurisdiction. By using or engaging with thePlatform, you also acknowledge and agree that you are permitted by yourjurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibitedcontent over the Platform. Prohibited content includes:
Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversybetween you and Us, or between you and 317 LABS, INC. or any otherthird-party service provider acting on Our behalf to transmit the mobile messageswithin the scope of the Program, arising out of or relating to federal or statestatutory claims, common law claims, this Agreement, or the breach, termination,enforcement, interpretation or validity thereof, including the determination of thescope or applicability of this agreement to arbitrate, such dispute, claim, orcontroversy will be, to the fullest extent permitted by law, determined byarbitration in Sea Island, GA before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance withthe Commercial Arbitration Rules of the American Arbitration Association (“AAA”)then in effect. Except as otherwise provided herein, the arbitrator shall apply thesubstantive laws of the Federal Judicial Circuit in which Golden Isles Medic Inc’sprinciple place of business is located, without regard to its conflict of laws rules.Within ten (10) calendar days after the arbitration demand is served upon a party,the parties must jointly select an arbitrator with at least five years’ experience inthat capacity and who has knowledge of and experience with the subject matterof the dispute. If the parties do not agree on an arbitrator within ten (10) calendardays, a party may petition the AAA to appoint an arbitrator, who must satisfy thesame experience requirement. In the event of a dispute, the arbitrator shalldecide the enforceability and interpretation of this arbitration agreement inaccordance with the Federal Arbitration Act (“FAA”). The parties also agree thatthe AAA’s rules governing Emergency Measures of Protection shall apply in lieuof seeking emergency injunctive relief from a court. The decision of the arbitratorshall be final and binding, and no party shall have rights of appeal except forthose provided in section 10 of the FAA. Each party shall bear its share of thefees paid for the arbitrator and the administration of the arbitration; however, thearbitrator shall have the power to order one party to pay all or any portion of suchfees as part of a well-reasoned decision. The parties agree that the arbitratorshall have the authority to award attorneys’ fees only to the extent expresslyauthorized by statute or contract. The arbitrator shall have no authority to awardpunitive damages and each party hereby waives any right to seek or recoverpunitive damages with respect to any dispute resolved by arbitration. The partiesagree to arbitrate solely on an individual basis, and this agreement does notpermit class arbitration or any claims brought as a plaintiff or class member inany class or representative arbitration proceeding. Except as may be required bylaw, neither a party nor the arbitrator may disclose the existence, content, orresults of any arbitration without the prior written consent of both parties, unlessto protect or pursue a legal right. If any term or provision of this Section isinvalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, orunenforceability shall not affect any other term or provision of this Section orinvalidate or render unenforceable such term or provision in any otherjurisdiction. If for any reason a dispute proceeds in court rather than inarbitration, the parties hereby waive any right to a jury trial. This arbitrationprovision shall survive any cancellation or termination of your agreement toparticipate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessaryrights, power, and authority to agree to these Terms and perform your obligationshereunder, and nothing contained in this Agreement or in the performance ofsuch obligations will place you in breach of any other contract or obligation. Thefailure of either party to exercise in any respect any right provided for herein willnot be deemed a waiver of any further rights hereunder. If any provision of thisAgreement is found to be unenforceable or invalid, that provision will be limited oreliminated to the minimum extent necessary so that this Agreement willotherwise remain in full force and effect and enforceable. Any new features,changes, updates or improvements of the Program shall be subject to thisAgreement unless explicitly stated otherwise in writing. We reserve the right tochange this Agreement from time to time. Any updates to this Agreement shall becommunicated to you. You acknowledge your responsibility to review thisAgreement from time to time and to be aware of any such changes. Bycontinuing to participate in the Program after any such changes, you accept thisAgreement, as modified.
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