For purposes of this Agreement, “you” or “your” means the person(s) using the Websites and/or the Services, and any person(s) for whom such person(s) are acting as an agent with respect to the Site and/or the Services.
“Arjuna Marketing,” “Arjuna,” “us,” or “we” includes Arjuna Marketing LLC and all of its affiliates and subsidiaries.
“Service Providers” includes, but may not be limited to, clinical trial research sites, medical providers, sellers of health & wellness products, or other service providers through the Site to facilitate and allow delivery of the products and services you may request.
“Site Services” or “Services” may provide you with access to certain services, such as referrals to products, services and service providers that may be of interest to you. Site services may provide you with the opportunity to submit requests (each, a “Request“) for information and to be matched with Service Providers.
“Site Content” refers to certain content that was provided by us or by third parties.
“Qualification Form” refers to your request to be matched with Service Providers of any of the products and services that you may be connected to through the Site.
Arjuna Marketing reserves the right, at its sole discretion, to change or modify the Site or this Agreement (or any portion thereof) at any time. Such changes and modifications become effective immediately upon posting on the Site. You agree to review this Agreement for any such changes upon your use of the Site and that your continued use of the Site or Services constitutes your acceptance of such changes and modifications. The Site is intended for individuals who are at least 18 years of age and are accessing the internet from a physical location within the United States of America. By using or accessing the Site, you acknowledge that you are 18 years of age or older and are accessing the internet from a physical location within the United States of America. The Site may not be appropriate or available for use in some jurisdictions outside of the United States.
Copyright and Trademark
All the text, graphics, logos, artwork, interfaces and computer code, including but not limited to the design, “look and feel” and arrangement of elements contained on the Site (collectively “Content”) is owned by Arjuna Marketing. Except as expressly stated herein, no part of the Site or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, transmitted or distributed in any way without Arjuna Marketing’s prior written permission. Nothing on the Site should be construed as granting any license or right to use any Content.
Disclaimers and Liability
THE SITE, CONTENT AND SITE SERVICES ARE PROVIDED FOR USE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND THE SITE SERVICES IS AT YOUR OWN RISK. ARJUNA MARKETING DOES NOT WARRANT THAT THE SITES, CONTENT OR SERVICES WILL BE ACCURATE, ERROR-FREE OR UNINTERRUPTED. ARJUNA MARKETING DOES NOT WARRANT THAT THE SITES, CONTENT OR SERVICES WILL PROVIDE SPECIFIC RESULTS.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:
UNDER NO CIRCUMSTANCES WILL ARJUNA MARKETING BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR RELIANCE ON OR USE OF THE SITES, CONTENT, SERVICES OR OTHER ITEMS LOCATED ON THE SITES.
ARJUNA MARKETING DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLICIT, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ADDITIONALLY, THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE SITES DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY US. ALL SUCH INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.
You agree to indemnify, defend and hold harmless Arjuna Marketing and its officers, directors, predecessors, employees, subsidiaries and affiliates (“Arjuna Marketing Parties”), from and against any and all claims, losses, liabilities, expenses (including attorney fees and costs) and damages arising out of or relating to your use of the Site or Site Services, your violation of any third-party right or law, or your violation or alleged violation of this Agreement. You must not settle any such claim or matter without the prior written consent of Arjuna Marketing. Your use of and dealings with the owners or operators of these external websites or resources are at your own risk. You cannot make any claim against Arjuna Marketing, or its Service Providers arising out of your use of external websites or resources.
Limitations on Damages
ARJUNA MARKETING’S LIABILITY, IF ANY, SHALL BE LIMITED TO DIRECT AND FORESEEABLE DAMAGES, WHICH SHALL NOT EXCEED THE AMOUNT PROVIDED BELOW. UNDER NO CIRCUMSTANCES SHALL ARJUNA MARKETING BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, STATUTORY, PUNITIVE OR EXEMPLARY DAMAGES SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, LOSS OF OR DAMAGE TO DATA, OR EMOTIONAL DISTRESS NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL ARJUNA MARKETING’S TOTAL LIABILITY EXCEED U.S. $100.00. THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE OR IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANY CLAIMS RELATED TO THIS AGREEMENT OR TO THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ARJUNA MARKETING AND ITS SERVICE PROVIDERS BE LIABLE FOR TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSQUENTIAL DAMAGES OR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links to Third Party Websites
The Site may contain links to third-party websites and services for third parties (collectively, “Third-Party Links”). Such links are provided for your convenience and reference only. Arjuna Marketing does not operate or control in any respect any information, products, services, or software available on non-affiliated third-party websites. Arjuna Marketing provides access to these Third-Party Links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. A link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization. Your use of any such third-party websites may be subject to other terms and conditions imposed by the third parties maintaining those websites. You use all Third-Party Links at your own risk, and should apply a suitable level of caution and discretion in doing so. When you leave the Site, you agree that Arjuna Marketing is not responsible for the accuracy or content of the information provided by that website, nor is it liable for any direct or indirect technical or system issues arising out of your access to or use of third-party technologies or programs available through that website.
Errors and Delays
You agree that Arjuna Marketing is not responsible for any errors or delays in responding to a request or referral form caused by, including but not limited to, an incorrect email address or other information provided by you or other technical problems beyond our reasonable control.
Dispute Resolution, Governing Law, Waivers and Limitations
In the interest of resolving disputes between you and Arjuna Marketing in the most expedient and cost effective manner, you and Arjuna Marketing agree that any dispute arising out of or in any way related to these Agreement or your use of the Site will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Agreement or your use of the Site, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ARJUNA MARKETING ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND US, INCLUDING WITHOUT LIMITATION DISPUTES RELATING TO THE WEBSITE, CONTENT OR SERVICES (“DISPUTE”), SHALL BE FINALLY AND EXCLUSIVELY RESOLVED BY BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES.
You agree that no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement. Arbitration must be on an individual basis. You may not join or consolidate claims in arbitration or litigate in court or arbitrate any claims as a representative or member of a class or in a private attorney general capacity.
You agree that any dispute or disagreement regarding the enforceability, applicability or interpretation of any provision of this Agreement, including the provisions regarding dispute resolution and arbitration, is a Dispute subject to the arbitration provisions herein and shall be resolved by an arbitrator.
You also agree that any dispute or cause of action arising out of or related to the Site, Site Services or Site Content must be commenced within one year from the later of (1) when the dispute or cause of action accrues or, (2) through the exercise of reasonable diligence you should have known about the accrual of the cause of action. Otherwise, such cause of action is permanently barred.
The Agreement is governed by the laws of the State of Washington without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under this Agreement, then you and Arjuna Marketing agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Clark County, Washington for the purpose of litigating any dispute.