Cladwell TERMS OF SERVICE

The following terms and conditions govern all use of Cladwell.com and all subdomains (the Website) and all content, services and products available at or through the website. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Cladwell’s Privacy Policy) and procedures that may be published from time to time on this Site by Cladwell (collectively, the “Agreement”). Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Cladwell, acceptance is expressly limited to these terms.

The Website is not directed to children younger than 13, and service on the Website is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use the Website. Any person who registers as a user or provides their personal information to the Website represents that they are 13 years of age or older.

  1. Your Cladwell.com Account. If you create an account on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. Cladwell may change or remove any account that it considers inappropriate or unlawful, or otherwise likely to cause Cladwell liability. You must immediately notify Cladwell of any unauthorized uses of your account or any other breaches of security. Cladwell will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

  2. Responsibility of Website Visitors. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Cladwell disclaims any responsibility for any harm resulting from the use by visitors of the Website.

  3. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Cladwell.com links, and that link to Cladwell.com. Cladwell does not have any control over those non-Cladwell websites and webpages, and is not responsible for their contents or their use. By linking to a non-Cladwell website or webpage, Cladwell does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Cladwell disclaims any responsibility for any harm resulting from your use of non-Cladwell websites and webpages.

  4. Copyright Infringement and DMCA Policy. As Cladwell asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Cladwell.com violates your copyright, you are encouraged to notify Cladwell in accordance with Cladwell’s Digital Millennium Copyright Act (“DMCA”) Policy. Cladwell will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Cladwell will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Cladwell or others. In the case of such termination, Cladwell will have no obligation to provide a refund of any amounts previously paid to Cladwell.

  5. Intellectual Property. This Agreement does not transfer from Cladwell to you any Cladwell or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Cladwell. Cladwell, Cladwell.com, the Cladwell.com logo, and all other trademarks, service marks, graphics and logos used in connection with Cladwell.com, or the Website are trademarks or registered trademarks of Cladwell or Cladwell’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Cladwell or third-party trademarks.

  6. Changes. We are constantly updating the Website, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by posting on our blog, or by sending you an email or other communication. Your continued use of Cladwell.com will be subject to the new Terms and indicates consent to the new Terms.

  7. Termination. Cladwell may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Cladwell.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  8. Disclaimer of Warranties. The Website is provided “as is”. Cladwell and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Cladwell nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

  9. Limitation of Liability. In no event will Cladwell, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Cladwell under this agreement during the twelve (12) month period prior to the cause of action. Cladwell shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

  10. Limitations on Product Availability and Quantities. Some recommended products on Cladwell are available to purchase directly through the Website’s shopping cart. Others are only available on the individual retailer’s website. In any case, Cladwell does not guarantee that all products described on the Website will be available. Your receipt of an electronic or other form of order confirmation does not signify Cladwell’s acceptance of your order, nor does it constitute confirmation of our offer to sell. Certain products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. All descriptions of products and product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Website. All prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total purchase price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.

  11. Payments. By providing your credit card number and payment information, you agree that Cladwell is authorized to invoice your account for all fees and charges due and that no additional notice or consent is required.

  12. Shipping. All items are shipped directly from the manufacturer or retailer. Prices reflect the shipping rates of each manufacturer or retailer. All shipping and other applicable charges are reflected in your cart total before you complete checkout.

  13. Returns. Return policies for recommended items are determined by each manufacturer or retailer. To initiate a return, check the return policy of the manufacturer or retailer from which you purchased the product. If you need help, please visit our Support Center for Cladwell Capsules for Women or our Support Center for Cladwell Roadmap for Men.

  14. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Cladwell Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

  15. Indemnification. You agree to indemnify and hold harmless Cladwell, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

  16. Translation. These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

  17. Miscellaneous. This Agreement constitutes the entire agreement between Cladwell and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Cladwell, or by the posting by Cladwell of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Ohio, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Hamilton County, Ohio. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement that could not be resolved informally shall be finally settled by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA. The arbitration shall take place in Cincinnati, Ohio, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Cladwell may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.