Terms of Use for TrueHealth

Last Updated: January 22, 2024

Terms of Use

Welcome to the True Health(“We,” "Us," or “Our”) website, https://www.truehealth.com. These Terms of Use (“Terms”) govern Your access to and use of Our websites (including https://www.truehealth.com), online store, blog, mobile applications, electronic services, and any other applications, content, products, and services made available by True Health (collectively, “Services”), excluding other websites which are linked to/from the Services; those linked websites may be governed by different agreements. Please read these Terms carefully, as they constitute a legal agreement between You and True Health. 

By accessing or using the Services, including all Content (as defined below), You confirm Your agreement to be bound by these Terms. If You disagree with any part of the Terms, then do not access or use the Services.

PLEASE NOTE: These Terms contain a binding arbitration agreement that requires You and True Health to resolve any Disputes (as defined below) on an individual basis through final and binding arbitration with limitation exceptions, unless You opt out of the arbitration agreement by following the procedures set forth below. In arbitration, there is less discovery and appellate review than in court. These Terms also contain a class action waiver and jury trial waiver that affect Your legal rights. 

1. Dispute Resolution: (Arbitration Agreement; Class Action Waiver; Jury Trial Waiver)

 

Please read this Dispute Resolution section carefully. It affects Your legal rights. It provides for resolution of most disputes and claims through individual arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final, binding and subject to only very limited review by a court. This section also contains a jury trial waiver and a waiver of any and all rights to proceed in a class, collective, consolidated, private attorney general or representative action in arbitration or litigation to the fullest extent allowable by applicable law. This section shall survive termination of the Terms.

 

(a)  Arbitration Agreement:

 

Binding Arbitration: Any dispute or claim arising out of or relating to these Terms, Your access to or use of the Services, or Your relationship with True Health or any past, present, or future subsidiary, parent or affiliate company or companies, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory (“Dispute”), will be resolved through binding individual arbitration, except that either You or True Health may take a Dispute to small claims court so long as it remains in that court and is not removed or appealed to a court of general jurisdiction. Whether a Dispute falls within the jurisdictional limits of small claims court is for the small claims court to decide in the first instance and for a court of competent jurisdiction to otherwise decide. Dispute shall be interpreted broadly and include, but not be limited to: (1) any dispute or claim that arose before the existence of these or any prior Terms (including, but not limited to, claims relating to advertising); (2) any dispute or claim that is currently the subject of purported class action litigation in which You are not a member of a certified class; and (3) any dispute or claim that may arise after termination of these Terms. Dispute; however, does not include disagreements or claims concerning patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property. The arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (a) issues that are reserved for a court in these Terms; (b) issues that relate to the scope, validity, and enforceability of this arbitration agreement, class action waiver, or any of the provisions of this Dispute Resolution section; and (c) issues that relate to the arbitrability of any Dispute. These Terms and this arbitration agreement do not prevent You from bringing a Dispute to the attention of any government agency. You and We agree that these Terms evidence a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. and federal arbitration law, and not state arbitration law.

 

Mandatory Informal Dispute Resolution Process: You and True Health agree to work together in an effort to informally resolve any Dispute between You and Us. The party raising the Dispute must send the other a written notice of the Dispute that includes all of the following information: (1) information sufficient to identify any transaction and account at issue; (2) contact information (including name, address, telephone number, and email address); and (3) a detailed description of the nature and basis of the Dispute and the relief sought, including a calculation for it. The notice must be personally signed by the party raising the Dispute (and their counsel, if represented). If You have the Dispute with Us, You must send this notice by email to customerservice@truehealth.com or by mail or hand delivery to True Health, 3900 Veterans Memorial Highway, Suite 200, Bohemia, New York 11716, Attention: General Counsel. We will send any notice to You at the email address or mailing address We have on file for You. For a period of 60 days from receipt of a completed notice (which can be extended by agreement of the parties), You and We agree to negotiate in good faith in an effort to informally resolve the Dispute. The party receiving the notice may request a telephone settlement conference to aid in the resolution of the Dispute. If such a conference is requested, You and a True Health representative will personally attend (with counsel, if represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period. Completion of this Mandatory Informal Dispute Resolution Process (“Process”) is a condition precedent to initiating a claim in arbitration. If the sufficiency of a notice or compliance with this Process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and any arbitration shall be stayed. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this Process in arbitration. All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a completed notice through the conclusion of this Process. You or We may commence arbitration only if the Dispute is not resolved through this Process.

 

Arbitration Procedures: The arbitration shall be administered by National Arbitration and Mediation (“NAM”) and heard by a single, neutral arbitrator. Except as modified by these Terms, NAM shall administer the arbitration in accordance with their rules applicable to the nature of the Dispute, including the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as applicable (“NAM Rules”). The NAM Rules and fee information are available at www.namadr.com. If NAM is unable or unwilling to administer the arbitration consistent with these Terms, the parties shall agree on an alternate administrator that will do so. If the parties cannot agree, they shall petition a court of competent jurisdiction to appoint an alternate administrator that will do so. The party seeking to initiate arbitration must provide the other party with the demand for arbitration as specified in the NAM Rules and this arbitration agreement. You may obtain a form to initiate arbitration at www.namadr.com or by contacting NAM. If You are initiating arbitration, You shall serve the demand on True Health by email to customerservice@truehealth.com or by mail or hand delivery to True Health, 3900 Veterans Memorial Highway, Suite 200, Bohemia, New York 11716, Attention: General Counsel. If True Health is initiating arbitration, We shall serve the arbitration demand at the email address or mailing address We have on file for You. An arbitration demand must be accompanied by a certification of compliance with the Process and be personally signed by the party initiating arbitration (and counsel, if represented). By submitting an arbitration demand, the party and counsel represent that, as in court, that they are complying with the requirements of Federal Rule of Civil Procedure 11(b). The arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel. You may choose to have the arbitration conducted by a phone, video, or in-person hearing, or through written submissions, except any Dispute seeking $10,000 or more or injunctive relief shall have an in-person or video hearing unless the parties agree otherwise. You and We retain the right to request a hearing in any matter from the arbitrator. You and a True Health representative will personally appear at any hearing (with counsel, if represented). Any in-person hearing will be held in the county or parish in which You reside or at another mutually agreed location. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the fullest extent permitted by applicable law, You and True Health agree that each may bring claims against the other only in Your or Our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. Further, unless both You and We agree otherwise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, consolidated, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such a claim or request for relief will be decided by a court of competent jurisdiction, after all other claims and requests for relief are arbitrated. The arbitrator shall issue a reasoned written decision sufficient to explain essential findings and conclusions. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Judgment on any arbitration award may be entered in any court of competent jurisdiction, except an award that has been satisfied may not be entered. An award shall have no preclusive effect in any other arbitration or proceeding in which You are not a named party.

 

Costs of Arbitration: Payment of arbitration fees will be governed by the NAM Rules and fee schedule. You and We agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. You and We therefore agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.

 

Additional Procedures for Mass Filings: You and We agree that these Additional Procedures for Mass Filings (in addition to the other provisions of this arbitration agreement) shall apply if You choose to participate in a Mass Filing. If 25 or more similar Disputes (including Yours) are asserted against True Health by the same or coordinated counsel or are otherwise coordinated (“Mass Filing”), You understand and agree that the resolution of Your Dispute might be delayed and ultimately proceed in court consistent with the remainder of these Terms. The parties agree that as part of these procedures, Your and Our counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties’ and NAM’s resources. If Your claim is part of a Mass Filing, any applicable limitations periods (including statutes of limitations) shall be tolled for Your Dispute from the time that Your Dispute is first submitted to NAM until Your Dispute is selected to proceed as part of a staged process set forth below or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.

 

• Stage One: If at least 100 Disputes are submitted as part of the Mass Filing, counsel for the claimants and counsel for True Health shall each select 50 Disputes to be filed with NAM and to proceed as cases in individual arbitrations as part of this initial staged process. The number of Disputes to be selected to proceed in Stage One can be increased by agreement of counsel for the parties (and if there are fewer than 100 Disputes, all shall proceed individually in Stage One). Each of the 100 (or fewer) cases shall be assigned to a different arbitrator and proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage One. The remaining Disputes shall not be filed or deemed filed in arbitration. After this initial set of proceedings, counsel for the parties shall participate in a global mediation session with a retired federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes, and True Health shall pay the mediator’s fee.

 

• Stage Two: If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for True Health shall each select 100 Disputes per side to be filed and to proceed as cases in individual arbitrations as part of a second staged process. The number of Disputes to be selected to proceed as part of this second staged process can be increased by agreement of counsel for the parties (and if there are fewer than 200 Disputes, all shall proceed individually in Stage Two). No more than five cases may be assigned to a single arbitrator to proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage Two. The remaining Disputes shall not be filed or deemed filed in arbitration. After this second set of staged proceedings, counsel for the parties shall engage in a global mediation session of all remaining Disputes with a retired federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes, and True Health shall again pay the mediator’s fee.

 

Upon the completion of the mediation set forth in Stage Two, each remaining Dispute (if any) that is part of the Mass Filing and is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of the Terms. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Disputes in individual arbitrations consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually-agreeable process. A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Mass Filings, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. You and True Health acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Additional Procedures for Mass Filings have been reasonably designed to result in an efficient and fair adjudication of Disputes.

 

The Additional Procedures for Mass Filings provision and each of its requirements are essential parts of this arbitration agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Additional Procedures for Mass Filings apply to Your Dispute and are not enforceable, then Your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Terms.

 

Opt-Out Procedure: IF YOU ARE A NEW USER OF OUR SERVICES, YOU CAN CHOOSE TO REJECT THIS ARBITRATION AGREEMENT BY SENDING US A WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”) WITHIN 30 DAYS AFTER THE DATE YOU ARE PRESENTED WITH AN ARBITRATION AGREEMENT FOR THE FIRST TIME. You must send Us Your Opt-Out Notice by mail or hand delivery to True Health, 3900 Veterans Memorial Highway, Suite 200, Bohemia, New York 11716, Attention: General Counsel, or by email to customerservice@truehealth.com. To be effective, Your Opt-Out Notice must be personally signed and contain Your name, address, and personal signature with a clear statement that You wish to opt out of arbitration. This procedure is the only way You can opt out of the arbitration agreement. If You opt out of the arbitration agreement, all other parts of these Terms, including the other provisions of this Dispute Resolution section, will continue to apply to You.

 

Future Changes to Arbitration Agreement: If We make any future changes to this arbitration agreement (other than a change to Our contact information), You may reject any such change by sending Your personally signed, written notice with a clear statement that You wish to opt out of changes by mail or hand delivery to True Health, 3900 Veterans Memorial Highway, Suite 200, Bohemia, New York 11716, Attention: General Counsel, or by email to customerservice@truehealth.com within 30 days of the change. Such written notice does not constitute an opt out of arbitration altogether. By rejecting any future change, You are agreeing that You will arbitrate any Dispute between You and True Health in accordance with this version of the arbitration agreement.

 

(b) Class Action Waiver; Jury Trial Waiver:

 

YOU AND WE EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. YOU AND WE AGREE TO WAIVE ANY RIGHT TO BRING OR TO PARTICIPATE IN SUCH AN ACTION IN ARBITRATION OR IN COURT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, YOU AND WE RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE WAIVE THE RIGHT TO A JURY TRIAL. 

 

1. Privacy Policy

Please read Our Privacy Policy carefully before using the Services: https://pipingrock.com/pages/privacy-policy-for-true-health. Our Privacy Policy describes the information True Health collects when You and others access or use the Services. It also describes how True Health uses any Personal Information You share with Us.

Our Privacy Policy is part of these Terms. By accessing or using any part of the Services or Content, You accept and agree to be bound by the Privacy Policy, including consenting to Our use of Your Personal Information in accordance with Our Privacy Policy. If You do not accept the terms of the Privacy Policy, do not use, access, or download materials from the Services and leave the Services immediately.

III.  Your Acceptance

You affirm that You are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties, and indemnification set forth in these Terms, and to abide by and comply with these Terms. If You are accepting this agreement on behalf of Your employer or other entity, You affirm that You have the authority to accept this agreement on its behalf.

Special terms may apply to some features offered through the Services, such as subscription-based services, rules for particular contests or sweepstakes or other features or activities. These Terms are posted in connection with the applicable service or product offering. Any such terms are in addition to these Terms, and in the event of a conflict, prevail over these Terms. Your participation in the contests, sweepstakes or Your use of those features constitutes Your acceptance of the rules and special terms applicable to those features.

You acknowledge that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which You hereby acknowledge. Without limiting the generality of the foregoing, You acknowledge that such consideration includes Your access to and use of the Services and receipt of data, materials and information available at or through the Services, the possibility of Our use or display of User Submissions (as defined below) and the possibility of the publicity and promotion from Our use or display of User Submissions.

1. Your License to Access & Use the Services and Ownership

The content, information, software, designs, materials, functions and data included in and contained on the Services (the "Content") are protected by intellectual property and other laws. You must comply with these and any other applicable laws when You Use the Services. 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 Our website. By placing an order, You represent that the products ordered are for Your personal use, not for further distribution and will be used only in a lawful manner.

Unless indicated to the contrary and subject to Your strict compliance with these Terms, You may access and use the Services only for Your personal, non-commercial use, or in connection with Your authorized purchase or sale of Our products. In connection with these uses, Company grants You a limited, non-exclusive, revocable, non-assignable, personal and non-transferable license to: access, copy, download, display, view, use, play and/or print one (1) copy of the Content made available on the Services on a personal computer, mobile device or other Internet enabled device (each, an "Internet Device"), provided that You: (1) keep intact all copyright and other proprietary notices, (2) make no modifications to the Content, and (3) do not use the Content in a manner that suggests Your association with any of Our products, services or brands. Any business use, "re-mailing" or high-volume or automated use of Services is prohibited.

In the event that We offer downloads of software on a Service and You download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to You by Us or third-party licensors for Your personal, non-commercial use only. Your use of the Software may be governed by additional terms, which may be included with the Software. Please carefully read any additional terms to determine the full extent of conditions governing Your use of such Software. We do not transfer title to the Software to You. You may not copy, reproduce, distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. Note that by installing certain applications that may be available via the Services, You are consenting to the download of Software to Your Internet Device, and You are accepting these Terms and any additional terms related to such application.

We reserve all rights in the Content and the Services that We do not specifically grant in these Terms. Without limitation, You may not modify, distribute, transmit, perform, broadcast, publish, license, reverse engineer, transfer or sell, or create derivative works from, the Services or any Content unless You obtain Our prior written approval. You also may not use the Services in a way that could harm Us or any third party. For example, You may not use the Services in a way that could:

• Damage or interfere with the proper working of the Services;
• Intercept any Content or information that We have not intentionally made available to You or defeat any access controls that We have implemented;
• Give You access to the Services or Content Using any interface other than the interface that We provide, or attempt to "scrape" or "harvest" Content, except if You use a "robot" program in connection with a bona fide internet search engine and We do not instruct You not to access the Services using that program;
• Frame the Services, display any Content in connection with an unauthorized logo or mark, or do anything that could suggest falsely a relationship between Us and any other party;
• Convey unauthorized claims about the curative or health enhancing effects of Our products or suggest that We have made such claims; or
• Otherwise adversely impact the operation of the Services, the Company, or any third party.

In addition to Our other legal rights, We may limit or terminate Your license to use the Services, or certain features of the Services, at any time and for any reason, without prior notice to You, including Our belief that You violated these Terms.

1. Registration & Access Restrictions

You may be required to register for an account with Us in order to use certain features of the Services. If You elect to take advantage of such features, You must register through the Services by completing the applicable registration form to create Your account with a unique username and password. The decision to provide this information is purely optional; however, if You elect not to provide such information, You may not be able to access certain Content or participate in certain features of the Services. By registering through the Services, You represent that You have provided true, accurate, current and complete information about Yourself and have updated such information to the extent the Services permit such updates. You agree to use limited-access portions of the Services only Using access credentials that We have issued to You. It is Your responsibility to exit Your account at the end of each session in which You have logged-in to the Services.

We believe in children’s online safety and do not wish to receive information regarding children under 13 years old. Therefore, You may not post, transmit or submit any personally-identifiable information of a child under 13 years old or information sufficient to locate such a child on or through the Services. If You are under 13 years of age, then please do not attempt to submit any information to or use the Services.

You must maintain the confidentiality of any access credentials that We issue to You. You may not share them with any other person. You must notify the Company immediately of any unauthorized use of Your credentials or any other breach of security. Even if You notify Us, You will be responsible for any activities that occur using Your access credentials, including any charges resulting from the use of Your account.

1. No Professional Advice or Medical Information

True Health makes no representations regarding medical advice, diagnosis or treatment. The information included respecting the Services is offered for informational purposes only. Some portions of the Services may allow You to submit questions either to Us or to third parties who have agreed to communicate with Our users. Although We provide information about Our products through the Services, neither Our employees nor these third parties are authorized to provide medical or other professional advice through the Services. True Health makes no representations as to the qualifications of any third party who provides information through the Services to the extent the qualifications of such third party are provided. As a result, You should never use the information You obtain on the Services for diagnosis or treatment of any health problem or in place of any medication or other treatment prescribed by a physician or other healthcare provider.

Please consult with Your physician or other healthcare provider if You have health-related questions before using any of Our products or relying on any information You obtain regarding the Services. You should discuss any medications or nutritional supplements You are using with a healthcare provider before using any new medications or supplements. Please do not disregard or delay any medical advice based upon any information included on the Services.

The statements on the Services have not been evaluated by the Food and Drug Administration. Our products are not intended to diagnose, treat, cure or prevent any disease.

VII.  Shipping

When Your order is placed, We will ship it to an address designated by You as long as that shipping address is compliant with the shipping restrictions contained on Our Website. As a result, risk of loss and title for items purchased from Us will pass to You upon Our delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. Please see Our Shipping Policy and International Shipping Policy below for additional details.

 

How much does True Health shipping cost?

For orders within the United States (48 contiguous states), Our shipping rates are based off the calculated Weight of Your order.

Our standard shipping rate to Hawaii, Alaska, Puerto Rico, and U.S. Territories is $7.95.

All True Health standard shipping is via USPS, UPS or FedEx. We also offer 2nd and Next Day Air Shipping for an additional fee that depends on the size of the order and delivery location for the shipment. We are proud to offer several carrier options for shipping internationally. You will have the option to choose which carrier during checkout.

Our shipping rates are based off the calculated Weight of Your order. Please know that We do not make any money from the shipping charges on Your order. As a Company dedicated to offering Our customers the highest quality and lowest prices, We are strongly opposed to packaging and handling charges. We believe that in most cases, Our shipping will be significantly lower than Our competitors’. This is because We work diligently to negotiate the lowest price possible from Our freight carriers and pass along those savings to You. We guarantee that any shipping charges You see are direct carrier costs or less.

For information regarding international shipments, please refer to Our International Shipping Policy page.

 

VIII.  User Submissions

The Services may allow You to submit, embed, display, transmit, or otherwise distribute audio, images, video, or text (collectively, "User Submissions") to or through the Services. When You provide User Submissions, You grant to the Company a non-exclusive, royalty-free, fully paid, perpetual, worldwide, irrevocable and fully sub-licensable and transferable (in whole or in part) license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights You own or control to: (1) use, reproduce, transmit, modify, index, adapt, publish, translate, create derivative works from, distribute, display and otherwise exploit Your User Submissions throughout the world in any media, whether now known or hereafter invented, including for any and all purposes, including commercial or marketing purposes, all without further notice to You, with or without attribution, and without the requirement of any permission from or payment to You or any other person or entity, and (2i) to use Your name, persona or likeness alone or in connection with such uses of User Submissions, without any obligation or remuneration to You. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Submissions and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Submissions for any purposes whatsoever, including developing, manufacturing, and marketing products and/or services. Except as prohibited by law, You hereby waive, and You agree to waive, any moral rights (including attribution and integrity) that You may have in any User Submissions, even if it is altered or changed in a manner not agreeable to You. To the extent not waivable, You irrevocably agree not to exercise such rights (if any) in a manner that interferes with Our exercise of the granted rights. You understand that You will not receive any fees, sums, consideration, or remuneration of any kind for any of the rights granted in this Section.

On True Health’s social media sites, You further represent and warrant that You have the permission of any individuals depicted in photographs, videos or recordings that You submit to the Services to use their likeness and/or voice, as well as all other legal rights necessary to grant the license above to True Health.

We do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, You should not provide User Submissions that You want protected from disclosure. Except as otherwise required by law, You agree that: (1) Your User Submissions will be treated as non-confidential-regardless of whether You mark them "confidential," "proprietary," or the like - and will not be returned, and (2) Company does not assume any obligation of any kind to You or any third party with respect to Your User Submissions. Upon Company's request, You will furnish Us with any documentation necessary to substantiate the rights to such content and to verify Your compliance with these Terms. You acknowledge that the Services may be subject to breaches of security and that You are aware that submissions of User Submissions may not be secure, and You will consider this before submitting any User Submissions.

In Your communications with Company, please keep in mind that the Company does not accept or consider any unsolicited ideas or materials for products or services, or even improvements to products or services, such as ideas, concepts, inventions, books, etc. (collectively, "Unsolicited Ideas and Materials"). Any Unsolicited Ideas and Materials You post on or send to Us via the Services are deemed User Submissions and licensed to Us as set forth above. In addition, Company retains all of the rights held by members of the general public with regard to Your Unsolicited Ideas and Materials. The Company's receipt of Your Unsolicited Ideas and Materials is not an admission by Company of their novelty, priority, or originality, and it does not impair the Company's right to contest existing or future intellectual property rights relating to Your Unsolicited Ideas and Materials. Notwithstanding any custom and practice to pay an individual for an idea (if any), nothing herein shall create an implied or express contract to compensate entrants for their Unsolicited Ideas and Materials. The Company will not pay or otherwise compensate You for any of Your ideas or materials in any communications with Us, whatsoever.

By providing User Submissions through the Services, You represent, warrant and covenant that You own those User Submissions or otherwise have the right to grant to Us the rights described in this section. You further represent, warrant and covenant that the User Submissions will:

• Be truthful, complete and accurate and will comply with these Terms and all applicable laws;
• Be original, with Your having the right, or all necessary rights from third parties in order, to post the User Submissions on Our Services, without the need for any permission from or payment to any other person or entity to exploit, and to authorize Us to exploit, such User Submissions in all manners contemplated by these Terms;
• Be respectful of others’ opinions so We can continue to offer interactive features for everyone to enjoy;
• Not cause injury to any person or entity, including as Used by Us in accordance with these Terms;
• Not be false, fraudulent, libelous, defamatory, sexually explicit, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable;
• Not constitute or encourage violence or a criminal offense, violate the rights of any party, including intellectual property rights, or otherwise give rise to liability or violate any law;
• Not impersonate any other person, User, or Company, or may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents Your identity or affiliation with a person or Company;
• Not include other people’s personal information, such as another person's address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to identify, track, contact, or impersonate that individual;
• Not contain software viruses, Trojan horses, spyware or any other technologies or malicious code that could impact the operation of the Services or any computer or device used to access the Internet or political campaigning, chain letters, mass mailings, or any form of "spam;" and
• Not contain, advertise or promote a product or service or include advertising or other commercial material, except with Our prior written consent.

We may refuse or remove a User Submission without notice for any reason, including Our belief that a User Submission may violate these Terms or be otherwise objectionable. However, We will have no obligation to review, monitor, display, post, store, maintain, accept or otherwise make use of, User Submissions, and You agree that neither We nor Our employees or agents will be liable for User Submissions or any loss or damage to You and any other person or entity resulting directly or indirectly from User Submissions.

You are solely responsible for Your interaction with other Users of the Services, whether online or offline. You are and shall remain solely responsible for the User Submissions You distribute on or through any Services and for the consequences of submitting and posting same. You should be skeptical about information provided by others, and You acknowledge that the Use of any User Submission is at Your own risk. We are not responsible or liable for the conduct of any User or content of any User Submission. We do not endorse the opinions, advice or recommendations posted or sent by Users in any User Submission, and We specifically disclaim any and all liability in connection therewith. We reserve the right, but have no obligation, to monitor or become involved in disputes between You and other Users. Exercise common sense and Your best judgment in Your interactions with others (e.g., when You submit any personal or other information) and in all of Your other online activities. If You discover any content that violates these Terms, then You may report it to: customerservice@truehealth.com

We cannot and do not assure that other Users are or will be complying with the foregoing or any other Terms, and, as between You and Us, You hereby assume all risk of harm or injury resulting from any such lack of compliance.

YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST THE True Health PARTIES (AS DEFINED BELOW) WITH RESPECT TO USER SUBMISSIONS, AND AGREE TO INDEMNIFY AND HOLD THE True Health PARTIES HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR USE OF THE SERVICES.

Comments made on the Services by other users are strictly their own personal opinions, made in their own personal capacity, and are not claims made by Us, and do not represent Our opinion on any matter. Product ratings posted by users of the Services are strictly their own personal views, made in their own personal capacity, based on their own individual experiences, are not claims made by Us, and are not intended as a substitute for medical advice.

1. Third Party Sites

The Services may contain links to third-party websites and online services (such as social media sites) that are not owned or controlled by True Health. True Health has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or online services, and You access and use these websites or online services solely at Your own risk. These links are provided for Your reference and convenience only, and do not necessarily imply Our endorsement, sponsorship or recommendation of the material on these third-party websites or online services or any association with their operators. In addition, True Health will not and cannot control or edit the content of any third-party website or online service. BY USING THE SERVICES, YOU EXPRESSLY RELEASE True Health, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES, AND SUPPLIERS (COLLECTIVELY “THE True Health PARTIES”) FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR ONLINE SERVICES AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD-PARTY. Accordingly, We encourage You to be aware when You leave the Services and to read the terms and conditions of use for each other website or online service that You visit.

Except as You have otherwise agreed with True Health in writing, You may link to the Services from Your website, subject to the following: (1) You may not frame the Services or any portion of the Services; (2) You will not override or hinder the functionality of an end-user’s web browser’s “back” function; (3) the link must be identified using a plain text rendering of the True Health name and not any True Health logo; (4) You may not use any True Health logo in any way; (5) You may not use the link in any way that suggests that True Health is associated with or endorses You or Your website; (6) the link may not appear on any website that a reasonable person may consider obscene, defamatory, harassing, offensive or malicious, and may not be presented in any way that disparages True Health or damages its rights, reputation, or goodwill; and (7) We may terminate Your right to link to the Services at any time for any reason or no reason without any notice to You.

1. Commercial Transactions

The Services allow You to purchase products or services. To purchase any products or services through the Services, You must: (1) be at least eighteen years of age, (2) provide Us with valid payment information associated with a credit card or other payment method that You are authorized to use, and (3) authorize Us to charge Your credit card or other payment method for the price of the products or services that You request, together with any taxes, fees, or shipping charges described on the Services.

We stand behind the products and services that We sell, and We will list the return policy that will apply to purchases from the Services. In general, We accept returns for a limited period of time following a purchase, and Your sole remedy if You are dissatisfied with a product that You have purchased through the Services will be to return the unused portion of the product for a refund. After the return period has expired, all sales are final, and We will not accept returns or issue refunds. Please see Our Return Policy for further details.

In offering product descriptions, answers or recommendations on the Services, We attempt to be accurate, but We do not warrant that any product description, answer or recommendation is accurate, error-free, complete or not out of date, nor do We represent that any product will diagnose, treat, cure, or prevent any disease. We make no representation as to the completeness, accuracy or current state of any information on the Services. If You receive a product and believe that it materially differs from the product description, Your sole remedy will be to return the product to Us for a refund in accordance with Our Return Policy. Likewise, We attempt to list the current price for each product that We sell, but a product may be mispriced. In these cases, We will notify You of the corrected price before shipping and will either cancel Your order or give You an opportunity to cancel Your order or decide to keep Your order.

1. Coupons

Coupons and promotional codes provided to You are for Your individual use only. You may not transfer, reproduce, trade, offer for sale, publish or otherwise share the Company coupons and promotional codes. We reserve the right to cancel orders when We have reason to believe that any coupon or promotional code is being Used by someone other than the intended recipient, or in the case of suspected abuse, misuse or fraud. We reserve the right to terminate a coupon or promotional code offering at any time and/or set expiration dates for such offers at any time and in Our sole discretion. Coupon codes and promotional codes are not valid on prior purchases.

XII.  Electronic Communications

When You access or Use the Services, send e-mails to Us, or receive electronic communications from Us, You are, and consent to, communicating with the Company electronically. We may communicate with You by e-mail or by posting notices through one or more of the Services. You agree that all notices, disclosures, agreements, policies, and other communications that the Company provides to You electronically satisfy any requirement that such communications be in writing.

XIII.  Domestic Use; Export Restriction

We control Our Website from Our offices within the United States of America. We make no representation that the Services, the Website or their contents (including, without limitation, any products or services available on or through the Services) are appropriate or available for use in other locations. Users who access the Services from outside the United States do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from Our Website may be downloaded in violation of United States law.

XIV.  International Orders

By confirming Your order for shipment outside the United States, You agree to the additional terms contained in this section.

All international orders are eligible for return for 60 days from the date of Your order. You may only return an unopened item. If any package containing such unopened item is returned to Us because of an incorrect address, because You refuse the package, or for any other reason other than solely because of Our error, You will be responsible for Our shipping cost for the return and reshipment of the package. If the cost to return the package to Us exceeds the cost of the goods ordered, or if You have ordered products that We are informed cannot be imported into the country of intended delivery, We may instruct the shipping company to abandon the package, but even if We do so, You will remain responsible for payment.

Additionally, You are considered the importer of record for all shipments from Us, and must comply with all laws and regulations of the country of destination and all laws and regulations the United States imposed on exports to that country. You agree to pay any fees, fines, or other costs charged to Us or to You in connection with any Your non-compliance with laws and regulations of the country of destination.

If We decide to allow a return of an unopened item that has been rejected because of import or other legal compliance issues, We will refund the purchase price of the merchandise, less any charges We incurred in connection with the shipment, such as quarantine fees, exam fees, demurrage charges, or warehousing fees assessed in the destination country or in the United States upon return of the goods, and less the shipping costs to return the package to Us. Supply of goods, services and software through the Services is subject to United States export control and economic sanctions requirements. By acquiring any such items through the Services, You represent and warrant that Your acquisition comports with and Your use of the item will comport with those requirements. Without limiting the foregoing, You may not acquire goods, services or software through the Services if: (1) You are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if You are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List or Entity List or (2) You intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.

EU Parcel Direct

The goods will be imported on behalf of the consignee/ebuyer. The consignee authorizes True Health to import the goods on his behalf. Further, the consignee/buyer agrees that True Health may delegate the obligation to import the goods on his behalf to a subcontractor (e.g. customs broker). The consignee will pay the taxes & duties in addition with the purchase price of the goods.

1. Copyright Infringement Notice

We respect the intellectual property rights of others. If You believe that Content on the Services violates Your copyright, please send Us a notice to True Health Holdings Corporation, 3900 Veterans Memorial Highway, Suite 200, Bohemia, New York 11716, Attention: General Counsel or email Us at customerservice@truehealth.com.

This contact information is only for notices of copyright infringement. Contact information for other matters is listed at the end of these Terms.

Your notice must include:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit Us to locate the material;
• Information reasonably sufficient to permit Us to contact the complaining party;
• A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of a notice of claimed infringement that satisfies these requirements (or any statement in conformance with 17 U.S.C. § 512(c)(3)), We will act expeditiously to investigate the matter fully, and if appropriate will remove or disable access to any Content that is claimed to be infringing upon the copyright of any person under the laws of the United States and will terminate the access privileges of those who repeatedly infringe on the copyrights of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.

XVI.  Disclaimers

You agree that Your use of the Services shall be at Your sole risk. The Services and Content are provided on an “as is” basis. True Health gives no warranty and makes no representation in relation to the Services or the Content. The entire risk as to the quality and performance of the Services is with the buyer. Should the Services prove defective following their purchase, the buyer and not the manufacturer, distributor, or retailer assumes the entire cost of all necessary servicing or repair. True Health expressly disclaims to the fullest extent permitted by law, and You waive any representation or warranty (express, implied, or statutory) that may be implied by these Terms, by custom, or by law or otherwise and which is not expressly set out herein. This includes the disclaimer of any implied warranties of availability of the Services, non-disruption, security, accuracy, the use of reasonable care and skill, quality, merchantability, title or entitlement, fitness for a particular purpose, ability to achieve a particular result or functionality and non-infringement of third-party rights, as well as warranties arising by usage of trade, course of dealing, and course of performance by True Health relating to the Services, the Content, User Submissions, any software licensed or provided to You by True Health, and any agreement with a third-party. True Health also does not represent or warrant that the Services will operate in combination with other hardware, software, systems or data not provided by True Health; that Services errors will be corrected; or that the Services are PCI compliant.

As noted below, in certain states, the law may not permit the disclaimer of warranties, so the above disclaimer may not apply to You.

XVII.  Limitation of Liability

In no event shall True Health be liable to You or any third-party for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from the Services or third-party products or services, under these Terms or in connection with their performance or breach. This limitation applies to any loss of profits or savings, or anticipated profits or savings, data, opportunity, reputation, goodwill or business, even if True Health has been advised of the possibility of such damages in advance.

True Health assumes no liability or responsibility for any (1) errors, mistakes, inaccuracies, or omissions of and in any content, (2) personal injury or property damage of any nature whatsoever (including, without limitation, data loss or corruption) resulting from Your access to and use of the Services, (3) unauthorized access to or use of Our servers and/or any and all personal information, content, and/or information stored therein, (4) interruption, cessation, suspension, or disruption of transmission to or from the Services, including from True Health’s negligence, (5) inadequate or faulty hardware operating the Services, (6) bugs, viruses, Trojan horses, destructive computer codes, or the like which may be transmitted to or through the Services by any third-party, (7) user content, third-party websites or apps, and/or (8) loss, damage, or other undesirable consequences of any kind resulting from the use of any content posted, emailed, transmitted, or otherwise made available via the Services. True Health will also have no liability whatsoever for any damage, liability or loss that You or any other person may incur, or for any other undesirable consequences, resulting from Your breach of Your warranties or other obligations under these Terms, including, without limitation, the obligation to avoid sharing Your email account information with any other person.

By accessing or using the Services, You understand that You are waiving rights with respect to claims that are at this time unknown or unspecified, and in accordance with such waiver, You acknowledge that You have read and understand, and hereby expressly waive, the benefits of section 1542 of the California Civil Code, and any similar law of any state or territory, which provides as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

True Health’s maximum aggregate liability for any single event (or a series of related events) giving rise to a claim in connection with these Terms or in relation to the Services will be limited to the amount You paid Us during the three months preceding Your initiation of the claim or Dispute. Such a refund, in any case, will be governed by the applicable Refund Policy and the Terms of Sale specified on the Services or in these Terms. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT YOU MUST PROVIDE NOTICE OF ANY CLAIM OR DISPUTE TO True Health WITHIN ONE YEAR OF THE DATE OF ACCRUAL OR IT IS FOREVER WAIVED AND TIME BARRED. 

The Services are controlled and offered by True Health from its facilities in the United States of America. We make no representation that Content on any Services is appropriate or available for use in any particular location. Those who access or use the Services do so at their own volition and are responsible for compliance with local and all other applicable laws, restrictions, and regulations.

The limitations, exclusions and disclaimers in these Terms apply to the maximum extent permitted by applicable law. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING NEW JERSEY LAW. Any provisions concerning the exclusion or limitation of certain damages in these Terms are not applicable in New Jersey with respect to punitive damages, loss of data, and loss of or damage to property.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON THE COMPANY’S CHOICE OF LAW PROVISION SET FORTH BELOW.

XVIII.  Indemnification

You agree to indemnify, defend, and hold harmless True Health from and against any claim, loss, obligation, demand, damage, cost, liability, expense, and attorneys’ fees incurred, resulting from or arising out of (1) Your access to, use, or misuse of the Services; (2) a breach of these Terms; (3) Your violation of any third-party right, including, without limitation, any copyright, property, or privacy right; (4) any claim that any of Your User Submissions caused damage to an indemnified party or a third-party; (5) any transaction You conduct as a result of the contact facilitated by the Services; or (6) any activity using Your email address by You or any other person accessing the Services using Your email address. We reserve the right, at Our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by You and, in such case, You agree to cooperate with Us in the defense of such matter. You may not settle any claim covered by these Terms or admit any liability on the part of the Company without the Company's prior written approval.

XIX.  Governing Law & Venue

Except with respect to the FAA and federal arbitration law, these Terms and Your access and use of the Services shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules. By accessing or using the Services, You waive any claims that may arise under the laws of other states, countries, territories, or jurisdictions. If any claim is determined not to be subject to arbitration, the exclusive jurisdiction and venue for proceedings concerning such claim, as well as for any action challenging the enforceability of these Terms in whole or in part, shall be the federal or state courts of competent jurisdiction sitting within Suffolk County, New York (the "Forum") and You hereby waive any argument that the Forum or any court within it does not have personal jurisdiction and any argument that the Forum is not appropriate or convenient. This Governing Law and Venue section will survive termination of these Terms.

 

1. Termination

These Terms constitute an agreement between You and the Company, which the Company may terminate in its sole discretion, in whole or in part, at any time and for any reason. If the Company terminates this agreement with You, You may no longer access or use the Services. Upon termination of this agreement and/or Your access to and use of the Services, You will immediately destroy any copies of any Content, whether in printed, downloaded or other software format. Otherwise applicable portions of these Terms survive termination of these Terms, including Dispute Resolution, and applicable portions of the sections relating to No Professional Advice or Medical Information; User Submissions; Third Party Sites; Electronic Communications; Disclaimers; Limitation of Liability; Indemnification; Governing Law and Venue; Termination; and Entire Agreement, Severability, Survival, No Waiver.

XXI.  Entire Agreement, Severability, Survival & No Waiver

These Terms, together with the Privacy Policy and Return Policy incorporated by reference and any policies that We post on the Services, constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. If any provision (or part thereof) of these Terms is deemed unlawful, void or unenforceable for any reason, the unlawful, void, or unenforceable provision or part thereof shall be severed from these Terms; the severance of such terms or part thereof shall have no impact whatsoever on the remainder of the Terms, including the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and the remaining provisions or parts thereof will remain in place and the invalidated provision or part thereof will be deemed replaced by an enforceable provision or part thereof that most closely reflects the intent of the parties.

Our failure to exercise or enforce any right or provision in these Terms or insist upon compliance with any term or condition of these Terms shall not constitute a waiver of that right or provision or any other rights or provisions included within the Terms or excuse a similar subsequent failure to perform any such term or condition by You.

XXII.  Changes, Modifications & Discontinuances

By using the Services, You agree to be bound by the most recent version of the Terms. True Health reserves the right to change these Terms at any time. Please review the Terms each time You visit the Services. If We have Your email address, We may, but are not obligated to, notify You of material changes to the Terms via email. What constitutes a material change will be determined at True Health’s sole discretion. If We do not have Your email address, We will update this page to reflect any changes to the Terms.

We also reserve the right to modify or discontinue the Services (or any portion of the Services), temporarily or permanently, with or without notice to You, and are not obligated to support or update the Services. YOU AGREE THAT True Health SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY IN THE EVENT THAT WE EXERCISE OUR RIGHT TO MODIFY OR DISCONTINUE THE SERVICES (OR ANY PORTION OF THE SERVICES). Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms.

By continuing to access or use the Services after any revisions to the Terms become effective, You agree to be bound by the revised Terms. If You do not agree to the new Terms, You are no longer authorized to access or use the Services.

XXIII.  How to Contact Us

If You have any questions or comments about these Terms or the Services, please contact Us by:

Email: customerservice@truehealth.com
Phone: 1-800-346-2922
Mail: True Health, 3900 Veterans Memorial Highway, Suite 200, Bohemia, New York 11716, Attention: Customer Service

Thank you for visiting Our Site.