Terms of Use 

Last Modified: April 17, 2020

Acceptance of the Terms 

These terms of use are entered into by and between you (“you” or “your”) and ReviveMD305,LLC, a Florida limited liability company ("Company," "we," or "us"). The following terms and conditions (collectively,  "Terms") and the Privacy Policy (insert link) govern your access and use of our website located at www.myketamineroad.com  (“Website”),  including any content, functionality, and services offered on or through the Website (collectively “Services”).    

THESE TERMS CONTAIN AN ARBITRATION NOTICE AND CLASS ACTION WAIVER WHERE ALL DISPUTES BETWEEN YOU AND THE COMPANY SHALL BE RESOLVED ON AN INDIVIDUAL BASIS THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT WITH A WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION/COLLECTIVE LAWSUIT OR ARBITRATION. 

BY CLICKING THE "AGREE" BUTTON YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE WEBSITE OR SERVICES.

Description of Services 

We provide educational and information courses (“Company Content”) through the Services. Upon your purchase, you will be able to access and view Company Content, but unless specifically stated otherwise at check-out, Company Content is not available for download or printing.  

Not Medical Advice 

The Services may include information regarding the use of certain methods and pharmaceuticals for the treatment of specific medical conditions and disorders.  The Services are not, nor intended to be, medical advice or the practice of medicine, and is not a substitute or replacement for professional medical advice, diagnosis or treatment.  Company Content  is provided to educate and create awareness to enable you to decide whether you desire to engage in the treatments and protocols identified in the Company Content.   Company Content may include reviews by individuals who accessed and viewed such content (“Reviews”).  We do not endorse the accuracy or completeness of such reviews.  

Accessing the Website 

We reserve the right to withdraw or amend this Website, Company Content, and the Services, in our sole discretion without notice. We will not be liable if for any reason any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to you.  

You are responsible for both:

Account Creation 

To begin participating in the services we offer through the Website you must first create an account with us (“User Account”).  The information provided for the User Account (“User Information”) must be correct, current, complete and accurate.  If User Information changes rendering  it no longer accurate, then it is your responsibility to make the necessary updates to the User Account.  We shall have no responsibility or liability for inaccurate or outdated User Information contained in the User Account.   

Fees 

The title of the Company Content selected for purchase will be displayed at check-out along with the price for the same.  All prices are exclusive of taxes, and depending on the area from where you are purchasing Company Content, we or our representatives may charge any applicable taxes.   Payment to access and view Company Content is due at checkout.  All payments are non-refundable.  We reserve the right to change the prices in our sole and exclusive discretion for any subsequent purchase of Company Content, and the revised price will be reflected when you seek to purchase Company Content at check-out.  The methods of payment for the Company Content are identified at check-out, and all payments are processed by a third-party payment processor.  

Term and Termination

These Terms begin once you click “I Agree” and continue until: (a) either party notifies the other party of its desire to terminate; or (b) we terminate due to your failure to follow and adhere to these Terms.  We, in our sole and exclusive discretion, have the right to suspend your access to the Services, including Company Content, if you fail to follow and adhere to these Terms, and the exercise of such rights shall not waive or preclude our ability to terminate your access and use of the Services or Company Content.   

Upon termination, you will no longer have the ability to access or view the Company Content that you purchased, and all right granted to you with regards to such access and use of the Services shall immediately terminate.   

Account Security 

If you choose, or are provided with, a user name, password, access code, or any other piece of information as part of our security procedures to access your User Account or Company Content (“Credentials”), then  you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your User Account is personal to you and agree not to provide any other person with access to your User Account or Company Content. You agree to notify us immediately of any unauthorized access to or use of your Credentials or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. 

We have the right to disable your Credentials  in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Intellectual Property Rights

The Services, Website and its entire contents, features, and functionality (including but not limited to all information, Company Content, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Services, Website and Company Content for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

You must not:

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services, Website or Company Content in breach of the Terms, your right to use the same will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services, Website, Company Content, or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services, Website and Company Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Trademarks

All trademarks and related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Services, Website and Company Content only for lawful purposes and in accordance with these Terms. You agree not to use the Services, Website and Company Content:

Additionally, you agree not to:

Prohibited Use of Company Content 

Unless expressly permitted at check-out, you must not copy, share, hyperlink, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, post, download, store, or transmit Company Content, in whole or part.  Likewise, you must not remove any proprietary notices, such as trademark or copyright notices, from Company Content. 

User Contributions 

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards,  and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users, other persons or Company (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms. 

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and our licensees, successors, and assigns the assignable, irrevocable, perpetual, right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. 

Content Standards

These content standards apply to any and all User Contributions. User Contributions must in their comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Monitoring and Enforcement

We have the right to:

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review comments, replies and communications before they are posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

Reliance on Information Posted

The information presented on or through the Website and Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website and Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Feedback. 

If you provide any communications to us suggesting or recommending changes to the Company Content, including without limitation any comments, questions, suggestions, or the like ("Feedback"), we are free to use such Feedback irrespective of any other obligation or limitation between the us governing such Feedback. You hereby irrevocably assign to us, all right, title, and interest in, and we are free to use, without any attribution or compensation to you or any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever.  We are not required to use any Feedback.

Links from the Website

If the Website or Company Content contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website or Company Content, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

This Website and Services are provided for use only by persons located in the United States. We make no claims that the Website, Services, Company Content, or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OFFERED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AUTHORIZED PERSONS OR DIRECTORS BE LIABLE FOR THE FOLLOWING CATEGORIES OF DAMAGES, EVEN IF FORSEEABLE,WHETHER ARISING UNDER CONTRACT, TORT, STATUTORY, OR ANY OTHER LEGAL THEORY: INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, SUCH AS BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, INFRINGEMENT, AND LOSS OF DATA.  COMPANY’S MAXIMUM TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, SHALL NOT EXCEED $100. 

THE FOREGOING IS IN ADDITION TO ANY OTHER TERMS OF THIS AGREEMENT AND DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, Website and Company Content. These indemnification obligations shall survive the expiration or termination of this these Terms. 

Dispute Resolution and Binding Arbitration.  

Summary.  Most users’ concerns can be resolved quickly simply by reaching out to us at (insert number).   In the event that we are unable to resolve your complaint, or we are unable to resolve our dispute with you, then we each agree to resolve all disputes through binding arbitration or small claims court instead of through the traditional court system.  Arbitration is more informal than a traditional lawsuit brought in court, because it is before a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts.  Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.  

Arbitration. Excluding indemnification claims and claims filed in small-claims court in Miami-Dade County, Florida, any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to your use of the Website Services will be resolved exclusively and finally by binding arbitration before the American Arbitration Association.  The laws of the State of Florida shall control these Terms and any claims arising hereunder. 

YOU HEREBY ACKNOWLEDGE YOUR UNDERSTANDING AND AGREE THAT BY ACCEPTING THIS AGREEMENT AND THE ARBITRATION PROVISIONS HEREIN, THE FAA WILL GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION, AND THAT YOU AND COMPANY AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH HEREBY IRREVOCABLY WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS OR REPRESENTATIVE ACTION IN CONNECTION WITH ANY DISPUTE BETWEEN US. YOU AND COMPANY ALSO AGREE THAT ANY ARBITRATION CONDUCTED HEREUNDER WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS, AND WILL NOT BE BROUGHT OR PROCEED ON BEHALF OF A CLASS OR IN A REPRESENTATIVE CAPACITY. 

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Expedited Procedures provided under its Commercial Arbitration Rules before a single arbitrator with the locale of all hearing requiring physical attendance of the parties to occur in Miami-Dade County, Florida. The Federal Arbitration Act will govern the interpretation and enforcement of this section.

Excluding the power to consider the enforceability of the class arbitration waiver and any challenge to the class arbitration, the arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.  

-OR-


Litigation. 

Any legal suit, action, or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the State of Florida in each case located in Miami-Dade County, Florida, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.  All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of Florida.  

Relationship of the Parties 

The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever. 

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. 

Notices 

All notices, requests, consents, claims, demands, waivers and other communications hereunder (each, a "Notice") shall be in writing and addressed to the parties at the addresses set forth in the first paragraph of this Agreement or to such other address that may be designated by the receiving party in writing. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), email (with confirmation of transmission), or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only (a) on receipt of the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section. You can contact us as follows;

 [email protected]

Entire Agreement

The Terms and our Privacy Policy constitute the sole and entire agreement between you and us regarding the Website, Services, Company Content, and User Contributions, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website, your use of the Website and User Contributions. . 

Changes to the Terms 

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when you access any Company Content. However, any changes to the dispute resolution provisions set out in Dispute Resolution and Binding Arbitration will not apply to any disputes for which the parties have actual notice on or before such upload.