Terms of Use

Effective date: December 6,  2024

Last updated: December 6, 2024

Welcome to Sanar Naturals! Please take a moment to review the rules and guidelines that apply to your use of our website(s), services, and applications (collectively referred to as the "Services"). These include, but are not limited to, any requests for information or purchases of products offered through our website(s) (each referred to as a "Product"). Additional terms provided during the sales process will also govern your purchase of any Products. If you have any questions, comments, or concerns about these terms or our Services, feel free to contact us at:

Email: support@sanarnaturals.com

Phone: 305-887-1090

Address: 3505 NW 115th Ave, FL 33178

These Terms of Use (the “Terms”) are a binding contract between you and Sanvall Enterprises Inc. (“Sanar Naturals,” “we” and “us”). Your use of the Services in any way, including without limitation to purchase Products, or registering for the Services, means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services or are a registered user of the Services. These Terms apply to all users of the Services and all users of the Products, including, without limitation, registered and unregistered users. Your use of or participation in specific Services may be subject to additional policies, rules, or conditions (“Additional Terms”), which are incorporated into these Terms by reference. By using or participating in these Services, you acknowledge and agree to comply with the applicable Additional Terms. Please review these Terms carefully. They cover important information about Services and Products provided to you. These Terms outline important details, including potential future updates, liability limitations, a class action waiver, and the resolution of disputes through arbitration instead of court proceedings. PLEASE NOTE: Your access to and use of our Services and Products are governed by these Terms. If you do not agree to all of the terms stated here, you are not authorized to access or use our Services or Products in any capacity.

Arbitration Notice and Class Action Waiver: Except for specific disputes outlined in the Arbitration Agreement section below, you agree that any disputes between you and us will be resolved through binding, individual arbitration. By accepting these Terms, you waive your right to participate in a class action lawsuit or class-wide arbitration.

Will these Terms ever change?

We are always striving to enhance our Products and Services, which may require updates to these Terms. We reserve the right to modify the
Terms at any time. If changes are made, we will notify you by posting an update on our website at www.sanarnaturals.com, sending an email, or providing notice through other means.

If you do not agree with the updated Terms, you may choose to reject them; however, this means you will no longer be able to use the Services. Continuing to use the Services after the updated Terms take effect indicates your acceptance of all changes.

Any amendments or modifications to these Terms outside of the process described here will not be valid unless agreed upon in writing and signed by both you and us.

What about my privacy?

Sanar Naturals takes the privacy of its users very seriously.

Children’s Online Privacy Protection Act & General Data Protection Regulation

The Children’s Online Privacy Protection Act (“COPPA”) mandates that online service providers obtain parental consent before knowingly collecting personal information from children under the age of 13. In line with this, we do not knowingly collect or solicit personal information from children under the age of 16. If you are under 16, please do not attempt to register for or use the Services, or provide us with any personal information.

If we become aware that we have inadvertently collected personal information from a child under 16, we will promptly delete that data. If you believe a child under 16 may have shared personal information with us, please contact us immediately at support@sanarnaturals.com.

What are the basics of using Sanar Naturals?

You may need to create an account by selecting a username and password and providing certain information, such as your contact details. You agree to provide accurate, complete, and up-to-date registration information. Your chosen username must not infringe on someone else’s rights, and you cannot use another person’s name with the intent to impersonate them. Transferring your account to another person is prohibited without our prior written consent.

Certain features of the Services may also be accessed using credentials from third-party platforms (each, a “Third Party Account”), such as Google, Facebook, or Apple. By using a Third Party Account, you allow us to access specific information from that account to facilitate the Services. You have control over the information shared with us and can adjust this by modifying the privacy settings in your Third Party Account.

You represent and warrant that you are of legal age to enter into a binding agreement, or if you are not, that you have obtained permission from a parent or guardian who has agreed to these Terms on your behalf.

You agree to use the Services and Products solely for personal, non-commercial purposes and in compliance with applicable laws. If any laws prohibit your use of the Services or Products, you are not authorized to access them. We are not liable for any unlawful use of the Services or Products.

You must not share your username, account, or password with anyone and are responsible for protecting the security of your account credentials. Any activity associated with your username and account is your responsibility.

No Medical Advice; Not for Emergencies

Sanar Naturals does not provide medical advice, diagnoses, or guidance for self-managing health conditions, nor does it endorse specific medical treatments or practice medicine. Our Services are intended solely for informational and communication purposes and are not a substitute for professional medical advice, diagnosis, or treatment. They should not be interpreted as medical, nursing, pharmacy, or other healthcare guidance provided by Sanar Naturals.

The Services are not designed to diagnose or treat any medical conditions. Only a qualified medical professional can determine the appropriate treatment for you, ensuring it is safe, effective, and tailored to your individual needs. Any reliance on information from Sanar Naturals or related to the Services is at your own risk. You are fully responsible for any decisions or actions you take based on the information provided through the Services.

While some Content (defined below) may be created by individuals in the medical profession, this does not establish a medical professional-patient relationship between you and Sanar Naturals or any other individual or entity. Such Content is not intended as medical advice, opinions, diagnoses, or treatments. Patients and healthcare providers should always seek diagnostic information from trusted and appropriate sources. Healthcare providers should never delay or withhold professional medical advice due to information encountered in connection with our Services.

THE SERVICES, PRODUCTS AND CONTENT SHOULD NEVER BE USED AS A SUBSTITUTE FOR EMERGENCY CARE. IF YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, YOU SHOULD SEEK EMERGENCY TREATMENT AT THE NEAREST EMERGENCY ROOM OR DIAL 911. 

You may contact us with general questions regarding our Products, but do not send us any specific medical, therapeutic or treatment questions. 

What about messaging?

As part of the Services, you may receive communications through the Services, including messages that Sanar Naturals sends you (for example, via email or SMS). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages. By signing up for the Services and providing us with your wireless number, you confirm that you want Sanar Naturals to send you information that we think may be of interest to you, which may include Sanar Naturals using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from Sanar Naturals, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from Sanar Naturals. You agree to indemnify and hold Sanar Naturals harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.

To the extent you voluntarily opt to have SMS notifications sent directly to your wireless phone number, the following terms apply:  

(a) your mobile provider's standard messaging rates apply to our confirmation SMS and all subsequent SMS correspondence. You may choose to receive our mobile alerts by signing up. Message and data rates may apply, according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier's pricing plan to determine the charges for browsing data and sending and receiving text messages. Under no circumstances will we be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit text alerts, you may not receive our text alerts. Pre-paid phones or calling plans may not be supported. You may receive a bounce back message for every message you send to us. 

(b) We will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services are provided on an AS IS basis. 

Data obtained from you in connection with this SMS service may include your cell phone number, your provider's name, and the date, time, and content of your messages. We may use this information to contact you and to provide the Services you request from us.

Are there restrictions in how I can use the Services?

By using the Services, you represent, warrant, and agree that you will not contribute any material (including Content or User Submissions, as defined below) or interact with the Services in any way that:

Infringes or violates the intellectual property rights or other rights of any person or entity (including Sanar Naturals).

Violates any applicable laws or regulations, including but not limited to export control laws and privacy laws, or uses the Services for purposes not reasonably intended by Sanar Naturals.

Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable.

Compromises the security of your Sanar Naturals account or any other account (e.g. allowing others to log in as you).

Attempts to obtain the password, account details, or other security information of any user.

Breaches the security of any computer network or circumvents passwords or encryption codes.

Engages in spam-like activities, such as running Maillist, Listserv, auto-responders, or processes that interfere with the proper functioning of the Services or place an unreasonable burden on its infrastructure.

Uses automated or manual methods to crawl, scrape, or spider any part of the Services or its Content.

Copies or stores significant portions of the Content without authorization.

Decompiles, reverse engineers, or attempts to access the source code or underlying ideas related to the Products or Services.

Additionally, you agree not to use the Services to create, develop, or improve any products or services that compete with those offered by Sanar Naturals.

Violating any of these terms may result in the termination of your access to and use of the Services

What are my rights in the Services?

The materials available on or through the Services, including but not limited to text, graphics, data, articles, photos, images, illustrations, and User Submissions (collectively, the "Content"), are protected by copyright and other intellectual property laws. You agree to comply with all copyright notices, trademark rules, and restrictions associated with any Content you access through the Services. You may not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize, or exploit any Content that you do not own without prior consent from the owner of that Content or violating the rights of others, including Sanar Naturals.

Under these Terms, we grant you a worldwide, non-exclusive, non-sublicensable, and non-transferable license to download and display Content locally solely for the purpose of using the Services. Any other use, reproduction, modification, distribution, or storage of Content beyond the scope of the Services is strictly prohibited without prior written consent from us.

You acknowledge and agree that Sanar Naturals owns the Services and all associated intellectual property rights. You may not modify, publish, transmit, sell, reproduce (except as explicitly allowed in this section), create derivative works from, or otherwise exploit any part of the Services. While the Services may allow you to copy or download certain Content, all restrictions outlined in this section still apply.

You agree that accessing Content through the Services is at your own risk, and you are solely responsible for any damage or loss that may result. Additionally, we do not guarantee the accuracy of any Content available through the Services, nor that it will remain accurate over time.

What about anything I contribute to the Services – do I have to grant any licenses to Sanar Naturals or to other users?

User Submissions

Anything you post, upload, share, store, or otherwise provide or make available through the Services is your “User Submission”. Some User Submissions may be viewable by other users. You are solely responsible for all User Submissions you contribute to the Services. You represent that all User Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. 

You agree that you will not post, upload, share, store, or otherwise provide through the Services any User Submissions that: infringe any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.); (ii) contain sexually explicit content or pornography; (iii) contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group; exploit minors; depict unlawful acts or extreme violence; depict animal cruelty or extreme violence towards animals; promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; that violate any law; or is a performance claim about any Sanar Naturals Products. As an example, while you can state “I love Sanar Naturals Products” and “I think Sanar Naturals supplements are great,” you cannot claim that a Sanar Naturals Product cures a disease or works in a particular way. You agree that only Sanar Naturals can make claims, promises or statements on behalf of Sanar Naturals about its Products. You also agree that you will not imply that you and Sanar Naturals are affiliated in any way or that Sanar Naturals approves of your comments without prior written consent from Sanar Naturals.  

Licenses

In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions (see below for more information).

For all User Submissions, you hereby grant Sanar Naturals a license to translate, modify (for technical purposes, for example, making sure your content is viewable on a mobile device as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.

If you share a User Submission publicly on the Services, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant Sanar Naturals the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all Sanar Naturals users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with Sanar Naturals business. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.

You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide, provided that when you delete your Sanar Naturals account, we may stop displaying your User Submissions (other than Public User Submissions, which may remain fully available) to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from Sanar Naturals records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users. 

Finally, you understand and agree that Sanar Naturals, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform
and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

What if I see something on the Services that infringes my copyright?

In accordance with the DMCA, we’ve adopted the following policy toward copyright infringement. We reserve the right to (a) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (b) remove and discontinue service to repeat offenders.

Procedure for Reporting Copyright Infringements.  If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to Sanar Naturals to Receive Notification of Claimed Infringement (whose contact details are listed below):

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

Identification of works or materials being infringed;

Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;

Contact information about the notifier including address, telephone number and, ifavailable, email address;

A statement that the notifier has a good faith belief that the material identified in) is not authorized by the copyright owner, its agent, or the law; and

A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Once Proper Bona Fide Infringement Notification is Received by the Designated Agent. Upon receipt of a proper notice of copyright infringement, we reserve the right to:

remove or disable access to the infringing material;

notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and terminate such content provider's access to the Services if he or she is a repeat offender.

Procedure to Supply a Counter-Notice to the Designated Agent. 

If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:

A physical or electronic signature of the content provider;

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 disabled;

A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and

Contentprovider's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider's address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Company may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company's discretion.  

Please contact Sanar Naturals at the following address:

Sanvall Enterprises Inc.

3505 NW 115th Ave, Doral, FL 33178

Who is responsible for what I see and do on the Services?

All information or Content publicly posted or privately shared through the Services is solely the responsibility of the person from whom it originated. You access such information and Content at your own risk, and we are not liable for any errors, omissions, or damages that may result from your interaction with it. We do not control or have a duty to act regarding how you interpret or use the Content or what actions you take based
on it. By using the Services, you release us from any liability associated with acquiring or failing to acquire Content through the Services.

We cannot guarantee the identity of users you interact with on the Services or control who gains access to them. You are solely responsible for any Content you contribute to the Services and affirm that you have the necessary rights to share it in the manner you choose.

Third-Party Websites and Services

The Services may include links or connections to third-party websites or services not owned or controlled by Sanar Naturals. Accessing these third-party websites or services comes with inherent risks, and Sanar Naturals is not responsible for any such risks.

We have no control over and assume no responsibility for the content, accuracy, privacy policies, practices, or opinions expressed by any third-party websites or services. We do not monitor, verify, censor, or edit third-party content and encourage you to review the terms and privacy policies of any third-party websites or services you visit. By using the Services, you release and hold Sanar Naturals harmless from any liability arising from your interaction with third-party websites or services.

Interactions with Third Parties

Your dealings with organizations or individuals encountered through the Services, including payments, delivery of goods or services, or any related terms, conditions, warranties, or representations, are solely between you and
those parties. It is your responsibility to conduct any investigations necessary before engaging in transactions with third parties. Sanar Naturals is not liable for any loss or damage resulting from such dealings.

Disputes and Liability Waiver

If a dispute arises between users or between a user and a third party, Sanar Naturals has no obligation to intervene. In the event of a dispute with one or more users, you release Sanar Naturals, its directors, officers, employees, agents, and successors from any claims, demands, or damages of any kind, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising from or related to such disputes or the Services.

By agreeing to these Terms, you waive the application of California Civil Code Section 1542 or any similar law in other jurisdictions, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in their favor at the time of executing the release and that, if known, would have materially affected their settlement with the debtor or released party.”

What are the payment terms for Products?

Sanar Naturals may limit or cancel quantities of Products purchased, and it reserves the right to refuse any order. In the event Sanar Naturals needs to make a change to an order, it will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was made. The prices displayed in the local currency are valid only in the country of jurisdiction. Products are offered at the prices set forth on our Products page, and you may choose to purchase Prices are subject to change at any time. Sales tax will be determined by the shipping address of the order and will automatically be added to the order. Sanar Naturals is required by law to apply sales tax to orders to certain states. Any payment terms presented to you in the process of purchasing Products are deemed part of these Terms.

What if I want to stop using the Services? 

You can contact us at any time at support@sanarnaturals.com to address any concerns. Please review our Privacy Policy and the licenses mentioned above to understand how we handle the information you provide after you stop using our Services.

Sanar Naturals reserves the right to terminate or suspend your access to our Services or your account at our discretion, including cases of violations of these Terms. We hold the sole authority to determine if you are in breach of any restrictions outlined in these Terms.

Terminating your account may result in the deletion of any Content associated with it, so please consider this carefully before proceeding. We will make reasonable efforts to provide advance notice before
terminating your account, allowing you to retrieve important User Submissions (where legally and contractually permitted). However, we may forgo advance notice if it would be impractical, unlawful, pose safety risks, or harm the rights or property of Sanar Naturals.

If you accidentally delete your account, contact us immediately at support@sanarnaturals.com. While we will try to assist, we cannot guarantee recovery or restoration of lost data.

Certain provisions will remain in effect even after these Terms are terminated. For example, obligations to indemnify us, liability limitations, ownership of intellectual property rights, and dispute resolution terms, including the arbitration agreement, will all continue to apply.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND
CONDITIONS

 Sanar Naturals (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any
disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt-In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method, you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies. 

User Opt Out: If you do not wish to continue participating in the Program or no longer 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 of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Sanar Naturals  and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of digital and physical products, services. Messages may include checkout reminders. 

Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at support@sanarnaturals.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not  liable for delayed or undelivered mobile 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 a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

ProhibitedContent: You acknowledge and agree to not send any prohibited content 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.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.