Your use of the Crazy Fun Health and Home Website and all services (including education, coaching and consulting services), products, information or materials (collectively, the “Services”) offered or provided by Crazy Fun Endeavors are subject to the following terms. By using or accepting the Services offered or provided by Crazy Fun Endeavors (“CFE”), you acknowledge that you have read, accept and agree to be bound by these terms. If you do not agree to these terms, you may not use the Services. Please print these terms and maintain a copy for your reference.
These terms are dated and effective as of May 31, 2016. Please review these terms periodically, as these terms are subject to change from time to time without prior notice, and your use of the Services will be subject to any future modification or amendment of these terms.
1. No medical advice. The Services provided by CFE are for informational and educational purposes only. CFE is not a licensed physician or other medical provider and does not offer medical advice. Your use of the Services does not establish a doctor/physician-patient relationship, and the Services are not a substitute for seeking medical advice. The Services provided by CFE have not been evaluated by the Food and Drug Administration and are not intended to treat, diagnose, cure or prevent any disease. You should always seek the advice of as qualified medical professional before implementing any of the suggestions offered through the Services.
2. No representations or warranties. The Services are general in nature, and your specific circumstances may render the Services to inapplicable to you. There may be medical or other health considerations applicable to your situation that are not taken into account by CFE when offering or providing the Services. Prior results described by CFE do not guarantee or predict a similar outcome with respect to your use of the Services. CFE MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY PROMISE, GUARANTY, REPRESENTATION OR WARRANTY ABOUT THE ACCURACY AND COMPLETENESS OF THE SERVICES OR REGARDING ANY OUTCOME OR RESULT FOLLOWING YOUR USE OF THE SERVICES. CFE IS NOT LIABLE OR RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE SERVICES. NEITHER CFE NOR ITS EMPLOYEES, AGENTS, SHAREHOLDERS, OFFICERS OR DIRECTORS ARE LIABLE OR RESPONSIBLE FOR YOUR USE OF OR RELIANCE ON THE SERVICES OR FOR ANY CLAIMS, LOSSES OR DAMAGES (INCLUDING BUT NOT LIMITED TO TORT CLAIMS, BREACH OF CONTRACT CLAIMS AND NEGLIGENCE CLAIMS) THAT ARISE OR RESULT FROM THE SERVICES OR FROM YOUR USE OR NON-USE OF THE SERVICES. IF, NOTWITHSTANDING THE FOREGOING, CFE OR ITS EMPLOYEES, AGENTS, SHAREHOLDERS, OFFICERS OR DIRECTORS IS HELD LIABLE TO YOU FOR ANY CLAIM, LOSS OR DAMAGE, SUCH LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO CFE AS CONSIDERATION FOR THE SERVICES.
3. Third parties. CFE may make referrals or suggestions to you regarding services offered by third parties, and may provide links to third party sites. CFE does not endorse or approve of any such third parties and is not responsible for any services or information provided to you by such third parties.
4. Permitted uses. The Services are offered and provided for your personal use only. You may use the Services only for non-commercial purposes. You may not sell, use, distribute or reproduce the Services, or any part thereof, for any commercial purpose. The Services and all intellectual property rights in and to the contents of the Services are the intellectual property of CFE. Your license to use the contents of the Services is limited and may be terminated at any time. You may not modify the Services, or any part thereof, or include the Services, or any part thereof, in another work (printed, electronic or otherwise).
6. Dispute resolution. In the event of a dispute which in any way connects to, arises from or relates to the Services that cannot be resolved amicably, both you and CFE agree to arbitration. Any such arbitration will be governed by the American Arbitration Association’s Commercial Arbitration Rules (available at www.adr.org) and will be administered by the American Arbitration Association. The arbitration will be held in Laguna Vista, Texas. The filing fee will be paid by the party initiating the arbitration, and all other fees will be apportioned as provided in the Commercial Arbitration Rules. The prevailing party in any arbitration shall be entitled to recover his, her or its costs and expenses associated with the arbitration, including attorneys’ fees, from the other party. You may not initiate litigation in any court in any jurisdiction and you may not request or join a class action or class arbitration.
7. Governing law and jurisdiction. These terms, your use of the Services and your relationship with CFE is governed by United States and Texas law. If any part of these terms is found to be unenforceable, then the remainder of these terms will remain in effect. Unless otherwise agreed in writing, these terms will survive the termination of your relationship with CFE. If the arbitration requirement of these terms is held to be unenforceable, then any dispute which in any way connects to, arises from or relates to the Services must be filed and heard in the relevant courts in Cameron County, Texas or the United States District Court for the Southern District of Texas, and both parties agree to submit to the jurisdiction of and venue in such courts.