Terms of Service
GGEVITYY, LLC
Terms and Conditions
Ggevityy, LLC (“Ggevityy”) hereby provides the following for all online visitors. Please read these Terms and Conditions for Use, Sale, and Ownership (collectively with Ggevityy’s Privacy Policy and Cookie Policy (collectively the “Terms of Use” or also “Terms of Service”) fully and carefully before using www.ggevityy.com (the “Site”) and the services, features, content or any Applications (as defined in Section 14 below and collectively the “Services”) offered by Ggevityy, or any of its parent company(s), subsidiaries, or affiliate entities (the “Ggevityy Group Companies”), (also “we,” “us,” or “our”) (together with the Site, collectively the foregoing are the “Services”) and You, as the User (“you”, “your”, User”) agree to abide by these Terms of Service. These Terms of Service set forth the legally binding terms and conditions for your use of the Site and Services.
This Site and any of its related Services and links do not constitute mandatory obligations of Users to purchase any of the products available and offered for sale (“Products”) or to utilize any Services offered by Ggevityy. All such conduct, decisions, and purchases and sales on the Site is at the sole discretion, intent, consent of the Users. By providing a forum for such transactions on this Site, it does not constitute a representation or warranty by Ggevityy in any way as to the value, condition, or other aspect of results related to any products sold hereunder, whether or not such information is material or not to any sale transaction.
Furthermore, in addition, when visiting or using certain Ggevityy owned or operated web sites, you shall be subject to any posted agreements, policies, guidelines, rules or terms of service. All such agreements, policies, guidelines, rules or terms of service may be amended by Ggevityy from time to time in its sole discretion, are hereby incorporated by reference into these Terms of Use. It is your responsibility as the User to review these Terms of Use periodically, and if you do not have authority to agree or accept these Terms, or if at any time you find these Terms unacceptable, you may not use the Site and Services, and you must immediately leave and cease all use of the Site and Services.
Acceptance of Terms of Service
BINDING TERMS. BY REGISTERING FOR AND/OR USING THE SITE AND SERVICES IN ANY MANNER, INCLUDING, BUT NOT LIMITED TO, VISITING OR BROWSING THE SITE AND/OR ITS APPLICATIONS, REGISTERING TO RECEIVE AND PAYING FOR PRODUCTS, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL OTHER TERMS AND CONDITIONS, OPERATING RULES, POLICIES, AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME THROUGH THE SERVICES BY GGEVITYY OR OTHERWISE PROVIDED TO YOU IN CONNECTION WITH THE SERVICES, EACH OF WHICH IS INCORPORATED BY REFERENCE INTO THESE TERMS OF SERVICE. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO DO SO.
Applicability. These Terms of Service apply to all users of the Site and Services. This Site may contain links to third party sites. Access to any other Internet site linked to this Site is at the User’s own risk. Ggevityy is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites, which includes but is not limited to any disclosures made or safety measures in place with privacy and data protection. Ggevityy is merely providing You as the User, a limited revocable license to use this Site and Services and provides this Site and any third-party links merely as a convenience and the inclusion of such links do not imply an endorsement of the same by Ggevityy.
Eligibility
Eligibility Requirements. You represent and warrant that you are at least eighteen (18) years of age and that you have the right, authority, and capacity to enter into, perform your obligations under, and abide by these Terms of Service. If you are under the age of 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules, and regulations applicable to you. The right to access the Services is revoked where use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule, or regulation. Further, unless otherwise mutually agreed in writing, the Services are offered only for your use and not for the use or benefit of any third party; and in any event, each person receiving the benefit of the Services must agree to and abide by these Terms of Service as a condition to our obligations.
Non-U.S. Users. The Services are controlled and offered by us from our facilities in the United States of America. We make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law. By providing information in connection with the Services, you consent to the transfer of your information to, and storage of your information in, the United States, the laws of which may not be as stringent as the laws of the country in which you reside.
Permitted Uses; Act Accordingly. You understand and agree that you need to exercise good judgment and common sense; conduct yourself on this Site with all necessary, appropriate, and prudent action. By using this Site and the Services, you agree to be subject to all applicable local, state, local, provincial, territorial, federal, and international laws. You agree not to use the Site and Services or any of the contents contained herein for any illegal purpose nor to transmit to or through the Site and Services any material that is illegal, harmful, threatening, defamatory, obscene, hateful, or otherwise objectionable, or to interfere with, abuse, or otherwise violate the legal rights of any third party using the Site and Services (including any such conduct related to Ggevityy’s products, merchandise, or the services offered on or in connection with the Site and Services).
Except as expressly provided in these Terms of Use, no part of the Site and Services and no content may be used, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way, including mirroring, to any other personal device, computer, server, web site or other medium for publication or distribution or for any commercial enterprise without Ggevityy’s express prior written consent. You may use information on Ggevityy’s products and Services that are publicly and purposely made available by Ggevityy for downloading from the Site, provided that you: (i) do not remove any proprietary notice language in all copies of such documents; (ii) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (iii) make no modifications to any such information, and (iv) do not make any additional representations or warranties relating to such information.
Viruses, Hacking, and other Offenses
You must not misuse the Site and Services by knowingly introducing viruses, Trojans, worms, logic bombs, or other material which is malicious or harmful to technology. You must not attempt to gain unauthorized access to the Site and Services, the server on which the Site and Services are stored, or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you may commit a criminal offense. Ggevityy will report any such breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site and Services will cease immediately. Ggevityy will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or downloading any material posted on the Site or any third-party website linked to the Site.
Registration
Account. To utilize certain Services, you will be required to register for an account (an “Account”) and pay for a subscription. The platforms GoHighLevel and Wordpress comprise to make the member portal utilized by Ggevityy that hosts the content and courses Users can register for that are associated with registering for an Account. You must provide accurate and complete information and keep your Account information updated. You shall not select or use as a username a name (i) of another person with the intent to impersonate that person; (ii) subject to any rights of a person other than you without appropriate authorization; or (iii) that is otherwise offensive, vulgar, or obscene. You are solely responsible for the activity that occurs on your Account and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services, any breach of security, or any unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account either directly or through a request made to us. All additional protections associated with establishing an Account are set forth in Ggevityy’s Privacy Policy, which is located on the Site.
Availability of Site. We do not guarantee that any content will be made available through the Services. We reserve the right, but not the obligation, to (i) remove, edit, or modify any content in our sole discretion, at any time, without notice to you, and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if we are concerned that you may have violated these Terms of Use), or for no reason at all, and (ii) remove or block any content from the Site. Ggevityy reserves the right to change these Terms of Use from time to time. Ggevityy notifies you of changes to these Terms of Use by updating them on this Site and Ggevityy may apply information as timely as possible setting forth the date on which the update was made directly on the Site. Ggevityy encourages you to retain a copy of these Terms of Use and periodically to check this Site for updates. Your use of this Site indicates your acceptance of the latest version of these Terms of Use. No waiver of any provision in these Terms of Use shall be effective unless made in writing signed by Ggevityy and shall not prevent any subsequent enforcement of these Terms of Use.
Ggevityy attempts to keep its Site online, up, and running without any pause or interruption; however, due to the technical nature of website hosting, updating and removing content on the Site to account for regulatory changes in the law and compliance involving the Products and any Services related herein, Ggevityy may at times be unavailable for any reason, at any time. Such pause or withdrawal of information delaying availability or access to the Site can occur at any time without notice, for any length of time. No damages shall be sought by any User from Ggevityy for such unavailability due to the unpredictable nature of regulatory and legal changes. By using Ggevityy, User agrees that Ggevityy will not be liable for any damages arising out of its Site being unavailable at any time, for any reason. User further understands and agrees that Ggevityy reserves the right to update, change, alter, or modify its Site for reasons such as these, which may cause delay or unavailability.
Rules of Conduct
No Prohibited Use. As a condition of use, you shall not use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services.
Our Additional Rights. We also reserve the right, without any obligation, to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Service, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; (v) fulfill any requests for services or otherwise submitted into the Site; or (vi) protect the rights, property or safety of us, our users, and the public. You acknowledge and agree that we may, but have no obligation to, conduct background checks, reference checks, and credit checks on any users of the Services that inquire within to Ggevityy to engage in a business transaction with Ggevityy.
Contributed User Content. From time to time, Ggevityy may provide interactive Services on the Site, including but not limited to chat rooms, bulletin boards, blogs and forums. Ggevityy disclaims any obligation to oversee, monitor or moderate any interactive services provided on the Site, and in no event shall Ggevityy be liable for any loss or damage arising from the use of any interactive service by a user in contravention with Ggevityy’s content standards. If you post any content to the Site, you hereby grant Ggevityy and its subsidiaries, affiliates, and licensees a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such content and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed. You grant Ggevityy and its subsidiaries, affiliates, and licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own such content or otherwise have sufficient rights in the content to grant the foregoing license without infringing or violating the rights of any third party; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify and hold harmless Ggevityy for all claims resulting from the content you supply. Ggevityy has the right but not the obligation to monitor and edit or remove any activity or content. Ggevityy takes no responsibility and assumes no liability for any content posted by you or any third party.
The following standards apply to any and all material, which you contribute to the Site (“Contributions”) and to any associated interactive services:
Contributions must:
- Be accurate (when they state facts);
- Be genuinely held (when they state opinions); and
- Comply with applicable laws in the United States of America and in any country from which they are posted.
Whether publicly posted or privately transmitted, it is the sole responsibility of the person who originated such Contributions as content to be liable for such Contributions.
The following standards apply to any and all Contributed content. Without limiting the foregoing, you must not post Distributed content that: infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity or violates any law or contractual duty; you know is false, misleading, untruthful, or inaccurate; is unlawful, threatening, discriminatory, hateful, abusive, harassing, defamatory, libelous, deceptive, fraudulent, abuse or invade another person’s privacy or cause annoyance, inconvenience or needless anxiety, tortious, obscene, vulgar, pornographic, offensive, or profane; contains or depicts nudity or sexual activity; promotes bigotry, racism, hatred, or harm against any individual or group; or is otherwise inappropriate as determined by us in our sole discretion; constitutes unauthorized or unsolicited advertising, junk, or bulk e-mail (“spamming”); contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third party; impersonates, bullies, stalks, or intimidates any person or entity, including any of our employees or representatives, or falsifies or misrepresents yourself or your personal information; or includes any confidential information, violates the rights (including, without limitation, the rights of publicity and privacy and rights under a contract) of others, or otherwise contains any material that could give rise to any civil or criminal liability under applicable laws or regulations, or that otherwise may be in conflict with these Terms of Service.
Any Contributed User content posted on the Site can be stored and retained by Ggevityy by virtue of it being uploaded onto the Site and also maintains its storage and right to use for usage data and other anonymized and aggregated data purposes. You acknowledge that all User Content and Contributions, uploaded and produced, or accessed by you using the Site and Services is at your own risk and that you will be solely responsible for any damage or loss to you or any other party resulting therefrom. If at any time Ggevityy comes to the understanding that You as a User: (i) misled Ggevityy or another User regarding any fact (material or non-material) regarding the Site, or (ii) are acting in a non-cordial manner with another User, Ggevityy reserves the right to terminate a User’s access. We do not assume any responsibility or liability or make any warranties or guarantees that any content you access on or through the Site and Services in any country that information is accessed or viewed in translation format.
Ggevityy will determine, in its sole discretion, whether there has been a breach of these content standards through your use of the Site. When Ggevityy determines that a breach has occurred, Ggevityy may take such action as it deems appropriate, including but not limited to one or more of the following:
- Immediate, temporary or permanent withdrawal of your right to use the Site;
- Immediate, temporary or permanent removal of any Contribution by you;
- Legal proceedings against you for reimbursement of all costs (including but not limited to administrative and legal costs) incurred by Ggevityy resulting from the breach; and
- Disclosure of such information to law enforcement authorities as Ggevityy deems reasonably necessary.
In no event shall Ggevityy be liable for any actions taken in response to any breach of these content standards.
Content and Trademarks
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on the Site (collectively, “Content”) is owned, controlled or licensed by or to the Company and is protected by trade dress, copyright, patent and trademark laws and various other intellectual property rights and unfair competition laws.
Certain trademarks, trade names, service marks and logos used or displayed on the Site are registered and unregistered trademarks, trade names and service marks of Ggevityy and its affiliates, and other trademarks, trade names and service marks used or displayed on the Site are the registered and unregistered trademarks, trade names and service marks of their respective owners (collectively, “Trademarks”) [1]. Nothing in these Terms of Use or otherwise provided on the Site grants or should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Trademarks without express prior written consent of Ggevityy or such other owner. Neither Ggevityy’s name nor any of the Trademarks may be used in any way, including but not limited to any advertising or publicity regarding distribution of materials on the Site, without Ggevityy’s prior written consent. Without limiting the generality of the foregoing, Ggevityy prohibits the use of its name or any Trademarks as a link to any website unless such link is approved in advance by Ggevityy in writing. The names, logos, product and service names, designs, slogans, and other Trademarks associated with the Site and Services are ours and those of our licensors. You must not use any of the foregoing without our prior written permission. All other names, logos, and service names, designs, slogans, and other trademarks used in connection with the Site and Services are the trademarks of their respective owners.
GGEVITYY BUSINESS (PRODUCTS AND SERVICES)
Advertising
The Site and Services may be supported by advertising revenue, and you hereby agree that we may display advertising, promotions, sponsored listings, and the like in connection with the Site and Services on, around, and in connection with the User experience.
Products and Services
Ggevityy strives for its Site and Services to be as accurate as possible, focusing on providing categories of biologics and other related Products for sale that purchasers can independently evaluate whether or not the Products Ggevityy has available for sale meet a purchaser’s goals for its practice or any other reason for making a purchase from Ggevityy. Ggevityy makes its own decisions on the Products it decides to purchase, and the Products it decides to sell to its purchasers; however, purchasers, not Ggevityy, must independently determine the most appropriate approach based on their intended use, regulatory obligations, and professional judgment to make its own purchasing decisions. Ggevityy does not provide independent advice on purchases. Ggevityy is a purchaser and also a provider of Products from manufacturers. Ggevityy does not have any activity, decision making, control, or other biological input on manufacturing processes and manufacturing decisions. Ggevityy does not promote products, recommend clinical applications, or make therapeutic claims or representations about any Products.
Although this Site and all Services are made to Users to have a place to purchase Products, Ggevityy does not represent or warrant that any Products, descriptions about the Products, contents of the Products, or other content on the Site and Service are accurate, complete, reliable, current, or error-free. For example, Products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price or size than that stated on the Service. Prices and terms of purchase of any transaction for the purchase or sale of Products or quantities shown on the Site are subject to change, whether prior to sale or other affiliated options. Prices shown generally refer to the Products on a general level of availability, and do not necessarily include any taxes, shipping fees, or any other collateral charges to that transaction, which may be separately applied. Photos and/or drawings of Products may show descriptions and/or recent pricing, or may not represent the most recent photographs and/or pricing and shipping costs of Products.
In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order. Despite our best efforts, a small number of the items on our Site may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Service. By placing an order, you represent that the Products ordered will be used only in a lawful manner and the purposes intended in the industry.
Payment Terms; Interest; Orders
All orders placed through the Site and Services are subject to Ggevityy’s acceptance. Terms of payment are within Ggevityy’s sole discretion, and unless otherwise agreed to by Ggevityy, Ggevityy must receive payment prior to Ggevityy’s acceptance of an order. Payment for products or tickets or engagement orders will be accepted via certain payment methods accepted by our third-party payment processing service, which is also set forth in our Privacy Policy. All orders are subject to cancellation by Ggevityy at Ggevityy’s sole discretion. All amounts due are payable in U.S. dollars ($). Any amount not paid when due will be subject to a finance charge of one and one-half percent (1.5%) per month, or the maximum amount allowed by law if lower, for the unpaid balance due. You shall be responsible for any expenses and/or fees (including but not limited to attorneys’ fees), incurred by Ggevityy in collecting past due amounts from you. Unless otherwise stated in this Agreement, the price payable for product(s) is exclusive of value added tax (“VAT”) or other sales tax; and inclusive of all charges for packaging, shipping, carriage, insurance, and delivery (including all other connected travel expenses), duties, licenses, permits, taxes (other than VAT) as may be payable for the Product(s) from time to time.
Shipping; Risk of Loss/Returns; Title; Taxes
Shipping and handling charges are additional unless otherwise expressly indicated at the time of sale. Shipping dates are estimates only. Risk of loss and title for all items purchased from Ggevityy pass to you upon our delivery to the carrier to the particular stated destination selected by you. You are responsible for sales and other taxes associated with all orders. Title to all intellectual property rights will remain with the applicable licensor(s). In addition, the following rights apply to these categories of purchases:
- Physical Products. No returns. All sales final. If item is lost during shipping we will ship it to you again at our discretion.
- Digital Products. If a cancellation occurs by us, a reimbursement within thirty (30) days applies.
- Shipping for Distribution purposes under a provider agreement with GGEVITYY shall subject a User to the shipping terms and conditions under that agreement [1].
- Shipping of Products may occur through a third-party logistics company; thus, if that is the case, Ggevityy makes no representation or warranty about the status, transit delivery, preservation, or packaging of the Products shipped [1].
DISCLAIMERS
Health Related Information
Information and statements regarding biologics, dietary supplements, skin, tissue, and hair products, and other product for physiology have not been evaluated by the Food and Drug Administration (FDA) and are not intended to diagnose, treat, cure, or prevent any disease. Any Products offered and sold are not represented for any intended use of the User that is known to Ggevityy. You should read carefully all product labels and packaging prior to use. Information available on or through the Site and Services is not meant to substitute the advice provided by your doctor or other health care professional. Any specific indications for products and their treatments have not been evaluated and reviewed by the FDA. You are encouraged to consult with your primary care physician before any use or reliance on information and Products available on this Site and its Services. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ OR ACCESSED THROUGH THIS WEB SITE. You should not use the information or products available on or through the Site, including but not limited to information that may be provided by healthcare or nutrition professionals, for diagnosing or treating a health condition or disease.
The information on this Site is provided as a general information resource only, and nothing in the content, products or Services should be considered, or used as a substitute for, medical advice, diagnosis or treatment. This information on this Site is not medical advice, and should not be treated as such. The Products and any information related therewith, is not the information, literature, or opinions of Ggevityy, nor intended to be patient education, does not create any patient-physician relationship, and should not be used as a substitute for professional diagnosis and treatment.
Product Disclaimer
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, GGEVITYY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE PRODUCTS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” INFORMATION AND STATEMENTS REGARDING ANY PRODUCTS, AND OTHER PRODUCT FOR PHYSIOLOGY ARE NOT THOSE OF GGEVITYY, HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION (FDA), AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. NO PURCHASE OF PRODUCTS MADE BY THE USER SHALL BE DUE TO MEDICAL ADVICE OR OTHER HEALTH CARE INFORMATION FROM GGEVITYY, BUT ONLY TO BE RELIED UPON BY A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL. NO WARRANTY IS MADE BY GGEVITYY REGARDING THE USE OF THE PRODUCTS BY THE USER AND ITS PATIENTS (AS APPLICABLE). GGEVITYY ACKNOWLEDGES THAT ANY STATEMENTS MADE AND ASSOCIATED WITH PRODUCTS ARE THOSE OF THE MANUFACTURER OR ITS AGENTS REGARDING HEALTH BENEFITS, EFFICACY, SAFETY, OR PERFORMANCE OF THE PRODUCTS. ANY INFORMATION PROVIDED WITH A PRODUCT IS NOT FROM GGEVITYY AND ARE NOT FOR THE PURPOSES OF MEDICAL ADVICE OR GUARANTEES OF RESULTS. USER ASSUMES ALL RESPONSIBILITY FOR ENSURING THAT THE PRODUCTS ARE SUITABLE FOR ANY PARTICULAR PATIENT, COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS (INCLUDING BUT NOT LIMITED TO FDA REQUIREMENTS AND HEALTHCARE LAWS), AND ARE USED, STORED, ADMINISTERED, OR RESOLD IN A MANNER THAT MINIMIZES RISKS TO PATIENTS OR THIRD PARTIES. USER FURTHER ACKNOWLEDGES THAT IT HAS NOT RELIED ON ANY REPRESENTATIONS BY GGEVITYY OUTSIDE OF THESE TERMS AND HAS CONDUCTED ITS OWN DUE DILIGENCE REGARDING THE PRODUCTS. WITHOUT LIMITING THE FOREGOING, DISTRIBUTOR DOES NOT WARRANT ANY SERVICE PROVIDED BY DISTRIBUTOR, WHETHER IN CONNECTION WITH PRODUCTS, PRODUCT DELIVERY OR OTHERWISE. IN NO EVENT SHALL GGEVITYY OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS, THE PRODUCTS, OR ANY SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GGEVITYY’S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY PROVIDER FOR THE SPECIFIC PRODUCTS GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO CLAIMS ARISING FROM DISTRIBUTOR’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. USER AGREES IT SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS GGEVITYY FROM ANY CLAIMS ARISING FROM USERS MISUSE, ALTERATION, OR IMPROPER HANDLING OF THE PRODUCTS, OR FROM USERS’ FAILURE TO COMPLY WITH APPLICABLE LAWS, AND/OR LAWS FOR PRODUCTS. THIS PROVISION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THESE TERMS.
Federal Trade Commission (FTC) Disclaimer
The information provided on this Site for the Services and any Products purchased and/or sold, is for general information and for the User to make its own individual purchasing decisions only. Ggevityy makes Products available for purchase, but does not attempt at interpreting connections between science, legal compliance, and analysis of clinical application. At no time should information on the Site and Services be relied upon to make medical, health, purchasing, or consumption decisions. No content offered by Ggevityy on this Site is intended as, nor should it be construed as, professional advice or advice to make a purchase. Ggevityy provides a marketplace to purchase Products manufactured by third party manufacturers, and makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, or reliability of the information and documentation disclosed, any Products available or purchased, and offered. The Products are available solely for each individual’s User’s own choosing to purchase, and is not a requirement to purchase and is not obligating any User to have to purchase Products. Any purchasing decisions of Products, other biologics, medical materials, or other compliance standards of product physiology are not to be from information provided by Ggevityy. For the avoidance of any doubt, participation in any of the Site’s literature do not guarantee results or outcomes of purchasing decisions, but rather, let Users know what Products Ggevityy has available to be purchased. Ggevityy cannot guarantee outcomes, many of which are dependent on various factors outside of Ggevityy’s control and rest solely in the manufacturing process by the ultimate manufacturers of the Products. Ggevityy does not manufacture or alter the composition of any Products available for purchase.
Additionally, any testimonials and examples on the Site are examples of exceptional results, and do not apply to the average User, and are not intended to represent or guarantee that anyone will achieve certain or similar results from the use of the Products when viewed on the Site, Services, and any Product or material offerings associated with the Products and the Site. A User’s own individual use of the Products vary based upon each User’s own personal biology, physiology, personal effort, experience, following intake directions, and application of the materials – all of which are outside of any degree or control of Ggevityy.
Food and Drug Administration (FDA)
All Products, and related goods entered in this shipment are exempt from FDA reporting requirements. The Products available on the Site from time-to-time are disclaimed for any particular use because they are not regulated or are regulated, and are not guaranteed medically to produce any guaranteed outcome.
The FDA is responsible for:
- Protecting the public health by assuring that foods (except for meat from livestock, poultry and some egg products which are regulated by the U.S. Department of Agriculture) are safe, wholesome, sanitary and properly labeled; ensuring that human and animal drugs, and vaccines and other biological products and medical devices intended for human use are safe and effective
- Protecting the public from electronic product radiation
- Ensuring cosmetics and dietary supplements are safe and properly labeled
- Regulating tobacco products
- Advancing the public health by helping to speed product innovations
Biological products include a wide range of products such as vaccines, blood and blood components, allergenics, somatic cells, gene therapy, tissues, and recombinant therapeutic proteins. Biologics can be composed of sugars, proteins, or nucleic acids or complex combinations of these substances, or may be living entities such as cells and tissues. Biologics are isolated from a variety of natural sources – human, animal, or microorganism – and may be produced by biotechnology methods and other cutting-edge technologies. Gene-based and cellular biologics, for example, often are at the forefront of biomedical research, and may be used to treat a variety of medical conditions for which no other treatments are available. For more information visit FDA’s Importing biologics and CBER Regulated Products page to make your own informed purchasing decision.
PRIVACY
Your use of the Site and any information provided by you or gathered by Ggevityy or third parties during any visit to or use of the Site is not governed by these Terms of Use, but instead by Ggevityy’s Privacy Policy found here https://ggevityy.com/privacy-policy which is incorporated herein to these Terms of Use by this reference. You agree to Ggevityy’s collection, use and sharing of your information as set forth in the Privacy Policy. By using the Site and Services, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information that you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. No warranties of any kind are provided by Ggevityy to guarantee any safe transmission of any data or information.
Links to the Site. Ggevityy prohibits the creation or maintenance of any link from another website to the Site or any portion thereof without Ggevityy’s prior written consent. Similarly, Ggevityy prohibits the running or displaying of this Site or any Contributions or content in frames or through similar means on another website without Ggevityy’s prior written permission. Any permitted links to the Site must comply with all applicable laws, rules and regulations [1].
Links to Other Sites. Ggevityy prohibits the creation or maintenance of any link from another website to the Site or any portion thereof without Ggevityy’s prior written consent. Similarly, Ggevityy prohibits the running or displaying of this Site or any Contributions or content in frames or through similar means on another website without Ggevityy’s prior written permission. Any permitted links to the Site must comply with all applicable laws, rules and regulations.
Accounts, Passwords, and Security. Certain features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account. You shall notify Ggevityy immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Ggevityy or any other user of or visitor to the Site due to someone else using your account as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s account at any time without the express permission and consent of the holder of that account. Ggevityy cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
WARRANTIES AND LIABILITY
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE, SERVICE, AND THE PRODUCTS AND SERVICES AVAILABLE THEREIN ARE AT YOUR SOLE RISK. THE SERVICE AND THE PRODUCTS AVAILABLE HEREIN DO NOT INVOLVE TANGIBLE GUARANTEES OR ANY RESULTS; RATHER, ALL USERS MUST DEFER TO MEDICAL PROFESSIONALS AND MANUFACTURERS TO LEARN THE PATHWAYS FOR COMPLIANCE, AND NAVIGATING THE PURCHASING, DISTRIBUTION, AND USE SECTORS FOR BIOLOGICS AND RELATED PRODUCTS. ALL DECISIONS ON THE USE OF THE INFORMATION ON THE SITE IS AT THE SOLE DISCRETION OF THE USER. GGEVITYY IS NOT MANDATING OR REQUIRING USERS TO UTILIZE DISTRIBUTION NETWORKS OR MAKE PRODUCT DECISIONS BASED ON THIS SITE ALONE. ALL SUCH PRODUCTS AND SERVICES OFFERED BY GGEVITYY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE SERVICE MAY INCLUDE INACCURACIES, ERRORS AND OMISSIONS. GGEVITYY USES BEST EFFORTS TO ADAPT TO CHANGES IN THE LAW AND REGULATIONS; HOWEVER, NO GUARANTEES ARE MADE THAT THE MOST UP TO DATE INFORMATION WILL BE PROCESSED ONTO THIS SITE ON EVERY OCCASION.
TO THE FULLEST EXTENT PERMITTED BY LAW, GGEVITYY, ITS OFFICERS, EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, PARENT(S), SUBSIDIARIES, AFFILIATES, CONTRACTORS, AND/OR LICENSORS: (A) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND ASSOCIATED WITH THE PRODUCTS AND THE SITE AND SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (B) MAKE NO WARRANTY THAT (I) THE SERVICE AND THE PRODUCTS AVAILABLE THEREIN WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) ANY PRODUCT, SERVICE, OR INFORMATION OBTAINED FROM THE SERVICE WILL BE ACCURATE, APPROPRIATE, COMPLETE, CORRECT, RELIABLE, SUFFICIENT OR TIMELY, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS SITE AND SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE FIXED; AND (C) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE TERMS OR THE SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE AND SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR LOSS OF CONTENT, THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SITE AND SERVICES SHALL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
FURTHER, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF USE, GGEVITYY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE PRODUCTS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” INFORMATION AND STATEMENTS REGARDING ANY PRODUCTS, AND OTHER PRODUCT FOR PHYSIOLOGY HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION (FDA) AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. NO PURCHASE OF PRODUCTS MADE BY THE USER SHALL BE DUE TO MEDICAL ADVICE OR OTHER HEALTH CARE INFORMATION TO BE RELIED UPON BY A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL. NO WARRANTY IS MADE REGARDING THE USE OF ANY PURCHASED PRODUCTS BY THE USER, INCLUDING FOR A BUSINESS PURPOSE INVOLVING PATIENTS. USER ACKNOWLEDGES THAT ANY STATEMENTS MADE BY GGEVITYY OR ITS AGENTS REGARDING HEALTH BENEFITS, EFFICACY, SAFETY, OR PERFORMANCE OF THE PRODUCTS ARE GENERAL INFORMATION ONLY AND ARE NOT MEDICAL ADVICE OR GUARANTEES OF RESULTS. USER ASSUMES ALL RESPONSIBILITY FOR ENSURING THAT THE PRODUCTS ARE SUITABLE FOR ANY PARTICULAR PATIENT, COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS (INCLUDING BUT NOT LIMITED TO FDA REQUIREMENTS AND HEALTHCARE LAWS), AND ARE USED, STORED, ADMINISTERED, OR RESOLD IN A MANNER THAT MINIMIZES RISKS TO PATIENTS OR THIRD PARTIES. PROVIDER FURTHER ACKNOWLEDGES THAT IT HAS NOT RELIED ON ANY REPRESENTATIONS BY DISTRIBUTOR OUTSIDE OF THIS AGREEMENT AND HAS CONDUCTED ITS OWN DUE DILIGENCE REGARDING THE PRODUCTS. DISTRIBUTOR’S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY PROVIDER FOR THE SPECIFIC PRODUCTS GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO CLAIMS ARISING FROM DISTRIBUTOR’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. PROVIDER SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS DISTRIBUTOR FROM ANY CLAIMS ARISING FROM PROVIDER’S MISUSE, ALTERATION, OR IMPROPER HANDLING OF THE PRODUCTS, OR FROM PROVIDER’S FAILURE TO COMPLY WITH APPLICABLE LAWS. THIS PROVISION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GGEVITYY, ITS OFFICERS, EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, PARENT(S), SUBSIDIARIES, AFFILIATES, CONTRACTORS, AND/OR LICENSORS, SHALL NOT BE LIABLE FOR AND HEREBY EXPRESSLY DISCLAIM ANY AND ALL ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS, INTERRUPTION OF BUSINESS, ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SERVICE OR OTHER WEB SITE(S) YOU MAY ACCESS THROUGH THE SERVICE (IF ANY), CONTENT NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, LOSS OF GOODWILL, LOSS OF USE, LOSS OF CONTENT OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) ANY INFORMATION, PRODUCTS AND SERVICES OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF OR RELATED TO THE USE OF THE SERVICE; (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ERROR OR INADEQUACY OF ANY GOODS, CONTENT, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (VI) PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY REGULATIONS OR CODES, OR MISAPPROPRIATION; (VII) INJURY TO PERSON OR PROPERTY ARISING FROM OR RELATED TO YOUR ACCESS TO AND USE OF THE SERVICE; (VII) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (VIII) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IX) ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER ACTUALLY OR POTENTIALLY HARMFUL CODE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE; (X) YOU SPECIFICALLY ACKNOWLEDGE THAT GGEVITYY SHALL NOT BE LIABLE FOR (i) ANY CONTRIBUTED USER CONTENT, OR (ii) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; AND/OR (XI) ANY OTHER MATTER RELATING TO YOUR USE OF THE SERVICE AND/OR THE PRODUCTS; WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ALSO AGREE THAT GGEVITYY, ITS OFFICERS, EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, PARENT(S), SUBSIDIARIES, AFFILIATES, CONTRACTORS, AND/OR LICENSORS, WILL NOT BE LIABLE FOR ANY (A) INTERRUPTION OF BUSINESS, (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SERVICE OR OTHER SERVICE(S) YOU ACCESS THROUGH THE SERVICE; (C) CONTENT NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; OR (D) EVENTS BEYOND COMPANY’S REASONABLE CONTROL. DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT SHALL THE LIABILITY OF GGEVITYY, ITS OFFICERS, EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, PARENT(S), SUBSIDIARIES, AFFILIATES, CONTRACTORS, AND/OR LICENSORS, IF ANY, TO YOU OR TO ANY THIRD PARTY EXCEED FIVE HUNDRED DOLLARS ($500.00) [1]. YOU SHALL NOT BE ENTITLED UNDER LOCAL LAW OR OTHERWISE TO RECEIVE ANY PAYMENT FROM COMPANY, ITS OFFICERS, EMPLOYEES, AGENTS AND LICENSORS, WHETHER FOR ACTUAL, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, COSTS OR EXPENSES AS A RESULT OF EXPIRATION OR TERMINATION OF THE TERMS OR TERMINATION OF YOUR ACCESS TO THE SERVICE, ALL OF WHICH YOU EXPRESSLY WAIVE [1]. YOU ACKNOWLEDGE THAT YOUR ACCEPTANCE OF THIS SECTION HAS MATERIALLY INDUCED COMPANY TO ENTER INTO THE TERMS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, COMPANY’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW [1].
YOU SPECIFICALLY ACKNOWLEDGE THAT GGEVITYY, ITS OFFICERS, EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, PARENT(S), SUBSIDIARIES, AFFILIATES, CONTRACTORS, AND/OR LICENSORS, SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Indemnification
You shall defend, indemnify, and hold harmless Ggevityy, its parent(s), subsidiaries, affiliates, and each of its and their respective employees, contractors, directors, officers, suppliers, agents, licensors, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Site, Services, Products, Contributions, or otherwise; (ii) violation of these Terms of Service; (iii) breach of any contract, or other agreement you enter into; (iv) your interactions or transactions with any other User; or (v) infringement by you, or any third party using your account or identity in connection with this Site and Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
Further Releases
You shall and hereby do release us from all liability for you having acquired or not acquired Products, recalls, and/or through the Site or Services. You hereby release Ggevityy, and its parent(s), subsidiaries, affiliates, directors, officers, employees, agents, subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers, insurers, investors, attorneys, advisors, and suppliers from all claims, demands, and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to content accessed through the Site or Services, or any interactions with others arising out of or related thereto, and you expressly waive the provisions of any local law.
Further, User understands, acknowledges, and agrees if User or any governmental authority determines that any Products sold hereunder are defective and a recall campaign is necessary, User shall turn solely to the manufacturer for all assistance with such recall, including but not limited to for all damages, loss, claims, costs, expenses, or other liabilities associated therewith, and all reasonable costs and expenses associated with a recall campaign. At no time is Ggevityy responsible for any damages, loss, claims, liabilities, costs, expenses, etc., associated with a Product recall.
Termination
Ggevityy may terminate your access to all or any part of the Site or Services at any time, with or without cause, with or without notice, and effective immediately, which may result in the forfeiture and destruction of all information associated with any account or membership you established with Ggevityy. If you wish to terminate your Account, you may do so by following the instructions on the Site and/or by contacting Support at contactus@ggevityy.com. All provisions of these Terms of Service which by their nature survive termination shall survive termination, including, without limitation, licenses of any content a User provides, ownership provisions, warranty disclaimers, indemnity and limitations of liability, and arbitration. Further, you agree that upon termination Ggevityy may delete all files and information related to your account (if any established) and may bar your access to your account (if any) and the Site and Services. Your continued use of any of the Site and Services shall constitute your acceptance of the revised Terms of Use. If you do not agree to any of such changes, you may terminate the Terms of Use here by immediately ceasing all access and use of the Site and Services. You agree that such termination will be your exclusive remedy if you do not wish to abide by any changes to these Terms of Use.
ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
ARBITRATION. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING, WITHOUT LIMITATION, DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, ANY PRODUCT PURCHASES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
This dispute resolution provision will be governed by the American Arbitration Association (AAA) rules and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services (JAMS). Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies, or awards that conflict with these Terms of Service.
NO CLASS ACTION. NEITHER YOU NOR GGEVITYY WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THESE TERMS OF SERVICE. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST GGEVITYY INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding.
GENERAL PROVISIONS
Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of any such relationship you established with Ggevityy. If any provision(s) of these Terms of Service including without limitation, the warranty disclaimers and liability limitations set forth above, are found by a court of competent jurisdiction to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect. The foregoing does not apply to the prohibition against class or representative actions that is part of the arbitration clause; if that prohibition is found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void.
Governing Law and Jurisdiction. These Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida, including its conflicts of law rules, in the United States of America, and the United Nations Convention on Contracts for the International Sale of Goods shall not be applicable hereto. Without limiting the arbitration obligations set forth above, you agree to submit to the jurisdiction and venue of the state and Federal courts of Hillsborough County, Florida for the purposes of these Terms of Service. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES OR US MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
User Disputes. Ggevityy reserves the right, without any obligation, to intervene in or monitor disputes between any Site users. You agree to cooperate with and assist us in good faith, and to provide us with such information and take such actions as we may reasonably request, in connection with any disputes involving you. Although Ggevityy may moderate content or disputes in our discretion, Ggevityy has no authority to legally bind third parties or force them to resolve complaints or disputes. Any efforts or statements made by Ggevityy to intervene in or moderate disputes is superseded by this provision, which may not be modified, waived, or released except by a written agreement, dated and signed by the Chief Executive Officer of Ggevityy and dated and signed by the individual or entity to whom the modification, waiver, or release is granted.
Export Control. By using the Services, you represent and warrant that (i) neither you nor any information or content proposed by you or inputted into the Site, if any, is located in a country that is subject to a U.S. Government embargo, U.S. export control and economic sanctions laws and regulations, which prohibit U.S. companies and their affiliates, like Ggevityy from engaging in certain transactions with persons from designated countries or that has been designated by the U.S. Government as a “terrorist supporting” country, which may include but is not limited to, Iran, Cuba, North Korea, Sudan and Syria; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture, or production of missiles or nuclear, chemical, or biological weapons. You may not use, export, re-export, import, or transfer the Services except as authorized by United States law, the laws of the jurisdiction in which you engaged in any use of the Services, Site, a transaction with GGEVITYY, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries; (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List; or (c) into any country or to any person or entity on any similar lists maintained in any applicable jurisdiction.
Feedback. Your feedback, comments and suggestions for improvements to the Services and our business generally (“Feedback”) are welcome. You may submit Feedback by emailing contactus@ggevityy.com. You acknowledge and agree that all Feedback is and shall be our sole and exclusive property, and you shall and hereby do assign to us all right, title, and interest in and to all Feedback, including, without limitation, all worldwide patent, copyright, trade secret, moral, and other proprietary or intellectual property rights therein, notwithstanding anything else. You will execute documents and take such further acts as we may reasonably request to effectuate the foregoing ownership and rights.
Modification. Ggevityy reserves the right, in its sole discretion, to modify or replace any of these Terms of Service (including, without limitation, Ggevityy’s Privacy Policy, for the avoidance of doubt), or change, suspend, limit, or discontinue the Site or Services (including, without limitation, the availability of any feature, database, or content) at any time. If such modification is material, Ggevityy will post a notice on the Site or send you notice through the Services, via e-mail, or by another appropriate means of electronic communication. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes.
Government Users. All software, if any, licensed pursuant to these Terms and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (i) only as Commercial Items and (ii) with only those rights as are granted to all other users pursuant to these Terms.
Assignment; Waiver. You may not assign these Terms of Use or any rights granted herein. Any attempt by you to transfer any of the rights, duties or obligations hereunder is void. Ggevityy may assign or transfer these Terms of Use or its rights or obligations hereunder without notice and without your prior approval. These Terms of Use are for the sole benefit of the parties hereto and do not create any third-party beneficiaries, whether intended or incidental. These Terms of Use will inure to the benefit of Ggevityy and its successors and assigns. The failure of Ggevityy to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. No waiver, express or implied, by either party of any breach of or default under these Terms of Use will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
Legal Equivalency. These Terms of Use and any other electronic documents, policies and guidelines incorporated herein shall be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (ii) legally enforceable against any party hereto as a signed writing; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Any electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding shall, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
These Terms of Use were last updated on January 1, 2026.

