Terms of Service Agreement
Effective Date: December 2025
Introduction
Welcome to the Sun Coast Sciences website ("Site"). This Terms
of Service Agreement ("Agreement") sets forth the agreement
between Sun Coast Sciences, LLC ("SCS" or "we") and each user
("you" or "user") governing the use by you of this Site.
Please read this Agreement carefully before using this Site.
By using this Site, you agree to be bound by the terms and
conditions contained in this Agreement. If you do not agree to
the terms and conditions contained in this Agreement, you may
not access or otherwise use this Site. Accessing the Site, in
any manner, whether automated or otherwise, constitutes use of
the Site and your agreement to be bound by these Terms of
Service.
We reserve the right to change these Terms of Service or to
impose new conditions on use of the Site, from time to time,
in which case we will post the revised Terms of Service on
this website. By continuing to use the Site after we post any
such changes, you accept the Terms of Service, as modified.
In addition, when using particular services or features or
making purchases on the Site, you shall be subject to any
posted guidelines or policies applicable to such services,
features, or purchases that may be posted from time to time.
All such guidelines or policies are hereby incorporated by
reference into this Agreement.
Not Healthcare Advice
This site is not intended to provide medical advice,
diagnosis, or treatment. The products, information, services,
and other content provided on and through this Site, including
information that may be provided on the Site (directly or via
linking to third-party sites by a healthcare or nutrition
professional), are provided for informational purposes only.
Please consult with your physician or other healthcare
professional (collectively, "Healthcare Professional")
regarding any medical or health-related diagnosis or treatment
options.
The information provided on this Site, Linked Sites (as
defined), any product label or product packaging, including
information relating to health conditions or products, is
often provided in summary or aggregate form. Again, it is not
intended as a substitute for advice from your Healthcare
Professional. NOTHING STATED OR POSTED ON THIS SITE OR
AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST
NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL CARE. FOR PURPOSES
OF THIS AGREEMENT, THE PRACTICE OF MEDICINE INCLUDES, WITHOUT
LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR
PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS,
PROGNOSIS OR ADVICE.
You should not use the information or services on this Site
for diagnosis or treatment of any health issue or for
prescription of any medication, drug, or other treatment. You
should always consult with your Healthcare Professional, and
carefully read all information about a product and on or in
any product label or packaging, before using any dietary
supplement, before starting any diet or exercise program, or
before adopting any regimen for a health condition. Each
person is different, and the way you react to a particular
product may be significantly different from the way other
people react to such product. You should also consult your
Healthcare Professional regarding any interactions between any
medication you are currently taking and any dietary
supplements. SCS customers are encouraged to voluntarily
participate in our forums, blogs, or reviews, including
descriptions of their experiences with specific products. Any
comments made by employees in these forums or in reviewing
products are strictly their own personal views made in their
personal capacity. These comments are not claims made by SCS
nor do they represent the view or position of SCS. ANY CASE
STUDIES, EXAMPLES, ILLUSTRATIONS, OR TESTIMONIALS CANNOT
GUARANTEE THAT YOU WILL ACHIEVE SIMILAR RESULTS. IN FACT, YOUR
RESULTS MAY VARY SIGNIFICANTLY AND FACTORS SUCH AS PERSONAL
EFFORT AND MANY OTHER CIRCUMSTANCES MAY AND WILL CAUSE RESULTS
TO VARY.
YOUR USE OF THE INFORMATION CONTAINED HEREIN IS AT YOUR OWN
RISK. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE
OR OTHER CONTENT CONTAINED IN THE SITE. YOU WILL SEEK THE
ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE
EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR
OTHER CONTENT.
Purchases
If you make a purchase on the Site, your purchase will be
subject to the terms of our Purchase Policy, which is hereby
incorporated into and made part of this Agreement. Please
review our Purchase Policy before making any such purchase. By
submitting payment information in connection with any such
purchase, you agree to be bound by the terms of our Purchase
Policy.
Privacy
Use of this Site is subject to the terms of our Privacy
Policy, which is hereby incorporated into and made part of
this Agreement. Please carefully review our Privacy Policy. By
using this Site, you agree to be bound by the terms of our
Privacy Policy. We reserve the right, and you authorize us, to
use information regarding your use of this Site, account
registration, and any other personal information provided by
you in accordance with our Privacy Policy.
Copyright and Trademarks
You acknowledge that all materials on the Site, including the
Site's design, graphics, text, sounds, pictures, software, and
other files and the selection and arrangement thereof
(collectively, "Materials"), are the property of SCS or its
licensors, and are subject to and protected by United States
and international copyright and other intellectual property
laws and rights. All rights to Materials not expressly granted
in this Agreement are reserved to their respective copyright
owners. Except as expressly authorized by this Agreement or on
the Site, you may not copy, reproduce, distribute, republish,
download, perform, display, post, transmit, exploit, create
derivative works, or otherwise use any of the Materials in any
form or by any means, without the prior written authorization
of SCS or the respective copyright owner. SCS authorizes you
to view and download the Materials only for personal,
non-commercial use, provided that you keep intact all
copyright and other proprietary notices contained in the
original Materials. You may not modify or adapt the Materials
in any way or otherwise use them for any public or commercial
purposes. The trademarks, service marks, trade names, trade
dress, and logos (collectively, "Marks") contained or
described on this Site (including, without limitation, any
Marks associated with any products available on the Site) are
the sole property of SCS and/or its suppliers or licensors and
may not be copied, imitated or otherwise used, in whole or in
part, without the prior written authorization of SCS and/or
its suppliers or licensors. In addition, all page headers,
custom graphics, button icons, and scripts are Marks of SCS
and may not be copied, imitated, or otherwise used, in whole
or in part, without the prior written authorization of SCS.
SCS will enforce its intellectual property rights to the
fullest extent of the law.
By posting or submitting any material (including, without
limitation, comments, blog entries, Facebook postings, photos
and videos) to us via the Site, internet groups, social media
venues, or to any of our staff via email, text or otherwise,
you are representing: (i) that you are the owner of the
material, or are making your posting or submission with the
express consent of the owner of the material; and (ii) that
you are thirteen years of age or older. In addition, when you
submit, email, text or deliver or post any material, you are
granting us, and anyone authorized by us, a royalty-free,
perpetual, irrevocable, non-exclusive, unrestricted, worldwide
license to use, copy, modify, transmit, sell, exploit, create
derivative works from, distribute, and/or publicly perform or
display such material, in whole or in part, in any manner or
medium, now known or hereafter developed, for any purpose. The
foregoing grant shall include the right to exploit any
proprietary rights in such posting or submission, including,
but not limited to, rights under copyright, trademark, service
mark or patent laws under any relevant jurisdiction. Also, in
connection with the exercise of such rights, you grant us, and
anyone authorized by us, the right to identify you as the
author of any of your postings or submissions by name, email
address or screen name, as we deem appropriate.
You acknowledge and agree that any contributions originally
created by you for us shall be deemed a “work made for hire”
when the work performed is within the scope of the definition
of a work made for hire in Section 101 of the United States
Copyright Law, as amended. As such, the copyrights in those
works shall belong to SCS from their creation. Thus, SCS shall
be deemed the author and exclusive owner thereof and shall
have the right to exploit any or all of the results and
proceeds in any and all media, now known or hereafter devised,
throughout the universe, in perpetuity, in all languages, as
SCS determines. In the event that any of the results and
proceeds of your submissions hereunder are not deemed a “work
made for hire” under Section 101 of the Copyright Act, as
amended, you hereby, without additional compensation,
irrevocably assign, convey and transfer to SCS all proprietary
rights, including without limitation, all copyrights and
trademarks throughout the universe, in perpetuity in every
medium, whether now known or hereafter devised, to such
material and any and all right, title and interest in and to
all such proprietary rights in every medium, whether now known
or hereafter devised, throughout the universe, in perpetuity.
Any posted material which are reproductions of prior works by
you shall be co-owned by us.
You acknowledge that SCS has the right but not the obligation
to use and display any postings or contributions of any kind
and that SCS may elect to cease the use and display of any
such materials (or any portion thereof), at any time for any
reason whatsoever.
Limitations on Linking and Framing. You may establish a
hypertext link to the Site so long as the link does not state
or imply any sponsorship of your site by us or by the Site.
However, you may not, without our prior written permission,
frame or inline link any of the content of the Site or
incorporate into another website or other service any of our
material, content or intellectual property.
Links - Third Party Websites
Links on the Site to third party websites are provided only as
a convenience to you. If you use these links, you will leave
the Site. SCS does not control or endorse any such third-party
websites. You agree that SCS Parties will not be responsible
or liable for any content, goods, or services provided on or
through these outside websites or for your use or inability to
use such websites. You will use these links at your own risk.
Our linking to such third-party sites does not imply an
endorsement or sponsorship of such sites, or the information,
products or services offered on or through the sites. In
addition, neither we nor affiliates operate or control in any
respect any information, products or services that third
parties may provide on or through the Site or on websites
linked to by us on the Site.
If applicable, any opinions, advice, statements, services,
offers, or other information or content expressed or made
available by third parties, including information providers,
are those of the respective authors or distributors, and not
SCS. Neither SCS nor any third-party provider of information
guarantees the accuracy, completeness, or usefulness of any
content. Furthermore, SCS neither endorses nor is responsible
for the accuracy and reliability of any opinion, advice, or
statement made on any of the Sites by anyone other than an
authorized SCS representative while acting in his/her official
capacity.
Without limiting the foregoing, your correspondence or
business dealings with, or participation in promotions of,
advertisers found on or through the use of the Site, including
payment for and delivery of related goods or services, and any
other terms, conditions, warranties, or representations
associated with such dealings, are solely between you and such
advertiser. You agree that SCS Parties shall not be
responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result
of the presence of such advertisers on the Site.
Disclaimer - Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITE
IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS CONTAINED
HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, SCS,
LLC, ITS PARENT, SUBSIDIARIES, AND OTHER AFFILIATED COMPANIES
AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND OTHER
REPRESENTATIVES (COLLECTIVELY, "SCS PARTIES") EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, SCS
PARTIES MAKE NO WARRANTY THAT (I) THE SITE WILL MEET YOUR
REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (IV)
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SITE WILL BE
CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION
AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SCS PARTIES OR
ON OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THIS AGREEMENT.
NONE OF THE PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THE
SITE ARE SUBJECT TO ANY APPLICABLE WARRANTIES. TO THE FULLEST
EXTENT PERMISSIBLE BY APPLICABLE LAW, SCS PARTIES DISCLAIM ALL
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
ANY IMPLIED WARRANTIES, WITH RESPECT TO THE PRODUCTS AND
SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, SCS PARTIES
EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR
FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE,
ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, AND
NON-COMPLIANCE WITH ANY PRINTED DIRECTIONS.
SCS PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR
ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH, OR
RELATING TO THE USE OF OR INABILITY TO USE THE SITE, INCLUDING
ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) AS A
RESELLER OF ANY PRODUCTS OR SERVICES, (III) FOR ANY DEFECTIVE
PRODUCTS, (IV) FOR ANY INCORRECT OR INACCURATE INFORMATION,
(V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR
TRANSMISSIONS OR DATA, (VI) FOR STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE SITE, OR (VII) FOR ANY OTHER MATTER
RELATING TO THIS SITE OR ANY THIRD PARTY WEBSITE. THIS IS A
COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL
DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR
LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF
USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS,
SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER
BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN
IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES.
THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SCS AND YOU. THE
PRODUCTS, INFORMATION, AND SERVICES OFFERED ON AND THROUGH THE
SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM
LIABILITY OF SCS PARTIES FOR ANY REASON, AND YOUR SOLE AND
EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE
LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT,
INFORMATION, OR SERVICE PURCHASED BY YOU FROM SCS ON THIS
SITE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE
DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH
JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE
FULLEST EXTENT PERMITTED BY LAW.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH
THE SITE AND BY SCS AND ANY THIRD-PARTY SITES ARE PROVIDED "AS
IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR
IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO
NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR
THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS
SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS,
ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND SCS MAKES NO
WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY,
COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
You agree at all times to defend, indemnify and hold harmless
Company, its affiliates, their successors, transferees,
assignees and licensees and their respective parent and
subsidiary companies, agents, associates, officers, directors,
shareholders and employees of each from and against any and
all claims, causes of action, damages, liabilities, costs and
expenses, including legal fees and expenses, arising out of or
related to your breach of any obligation, warranty,
representation or covenant set forth herein.
Indemnification
You agree to indemnify, defend and hold harmless SCS Parties
against all claims, demands, causes of action, losses,
expenses, damages, and costs, including any reasonable
attorneys' fees, resulting or arising from or relating to your
use of or conduct on the Site, any activity related to your
account by you or any other person, any material that you
submit to, post on or transmit through the Site, your breach
of this Agreement, your infringement or violation of any
rights of another, or termination of your access to the Site.
Paid Spokesperson
The spokesperson in any presentations, ads or promotions is
not an employee of SCS but is a paid actor, not an actual
medical expert or medical professional, and is not personally
responsible or liable for any statements or representations
made in the presentations.
Site Usage - Termination of Usage
You are required to establish an account on this Site in order
to take advantage of certain features of this Site, such as
making a purchase. If you provide information on this Site,
you agree to (a) provide true, accurate, current, and complete
information about yourself as prompted by the Site, and (b)
maintain and promptly update such information to keep it true,
accurate, current and complete to the extent the Site
facilitates such updates. If you provide any information that
is false, inaccurate, outdated, or incomplete, or SCS has
reasonable grounds to suspect that such information is false,
inaccurate, outdated, or incomplete, SCS has the right to
suspend or terminate your account and prohibit any and all
current or future use of the Site (or any portion thereof) by
you.
You will create a username and password while completing the
account registration process. You are responsible for
maintaining the confidentiality of the password and account
and are fully responsible for all activities that occur under
your password or account. You are strongly encouraged to
select a hard-to-guess password and not re-use that password
on any other sites where it may be read by the owners or
administrators of that site. You agree to (a) immediately
notify SCS of any unauthorized use of your password or account
or any other breach of security, and (b) ensure that you exit
from your account at the end of each session. You agree to be
responsible for all charges resulting from the use of your
account on the Site, including charges resulting from
unauthorized use of your account prior to your taking steps to
prevent such occurrence by changing your password and
notifying SCS. SCS Parties cannot and will not be liable for
any loss or damage arising from your failure to comply with
this section.
You agree to use this Site only for lawful purposes, and that
you are responsible for your use of and communications on the
Site. You agree not to post on or transmit through this Site
any unlawful, infringing, threatening, harassing, defamatory,
vulgar, obscene, profane, indecent, offensive, hateful, or
otherwise objectionable material of any kind, including any
material that encourages criminal conduct or conduct that
would give rise to civil liability, infringes others'
intellectual property rights or otherwise violates any
applicable local, state, national or international law. You
agree not to use this Site in any manner that interferes with
its normal operation or with any other user's use and
enjoyment of the Site.
You further agree that you will not access this Site by any
means except through the interface provided by SCS for access
to the Site. Creating or maintaining any link from another
website to any page on this Site without the prior written
authorization of SCS is prohibited. Running or displaying this
Site or any information or material displayed on this Site in
frames or through similar means on another website without the
prior written authorization of SCS is prohibited. Any
permitted links to this Site must comply with all applicable
laws, rules, and regulations.
SCS makes no representation that Materials contained on the
Site or products described or offered on the Site are
appropriate or available for use in jurisdictions outside the
United States, or that this Agreement complies with the laws
of any other country. Visitors who use the Site and reside
outside the United States do so on their own initiative and
are responsible for compliance with all laws, if and to the
extent local laws are applicable. You agree that you will not
access this Site from any territory where its contents are
illegal and that you, and not SCS Parties, are responsible for
compliance with applicable local laws.
This Agreement is effective unless and until terminated by
either you or SCS. You may terminate this Agreement at any
time, provided that you discontinue any further use of this
Site. SCS also may terminate or suspend this Agreement, at any
time, without notice, and accordingly deny you access to the
Site, if in SCS's sole discretion you fail to comply with any
term or provision of this Agreement or your use is harmful to
the interests of another user or SCS Parties. Upon any
termination of the Agreement by either you or us, you must
promptly destroy all materials downloaded or otherwise
obtained from this Site, as well as all copies of such
materials, whether made under the terms of service or
otherwise. SCS reserves the right at any time and from time to
time to modify or discontinue, temporarily or permanently, the
Site (or any part thereof) with or without notice. Except as
otherwise expressly stated in this Agreement, you agree that
SCS Parties shall not be liable to you or to any third party
for any modification, suspension, or discontinuation of the
Site.
You agree that SCS may terminate or suspend your access to all
or part of this Site, without notice, for any conduct that
SCS, in its sole discretion, believes is in violation of this
Agreement or any applicable law or is harmful to the interests
of another user or SCS Parties.
Sections IV (Privacy), VII (Disclaimer - Limitation of
Liability), VIII (Indemnification), IX (Site Usage -
Termination of Usage), X (User Content and Conduct), XI
(Applicable Law, Jurisdiction, and Dispute Resolution), XII
(Severability and Interpretation) and XIV (Miscellaneous)
shall survive any termination of this Agreement. The
restrictions imposed on you with respect to material
downloaded from the Site, and the disclaimers and limitations
of liabilities set forth in these Terms of Service, shall
survive.
User Content and Conduct
Where applicable at the Site, you are invited to post your own
content ("User Content"). Please note that this Site is
intended for adult use; if you are under the age of 13, do not
submit any User Content to this Site.
You understand that all User Content, whether you have
publicly posted on a forum or privately transmitted to another
Site user or to us, is your sole responsibility. Though the
Site is designed to be a safe place to share such User
Content, SCS cannot guarantee that other users will not misuse
the User Content that you share. If you have any User Content
that you would like to keep confidential and/or do not want
others to use, do not post it to the Site. Under no
circumstances will SCS be liable in any way for any User
Content, including, but not limited to, any errors or
omissions in any User Content, or for any loss or damage of
any kind incurred as a result of the use of any User Content
posted, emailed or otherwise transmitted via the Site. SCS IS
NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY
USER CONTENT YOU POST TO THE SITE.
By posting any User Content at the Site, you hereby grant SCS
a royalty-free, fully paid up, perpetual, irrevocable,
non-exclusive and fully sub-licensable right and license to
use, reproduce, modify, adapt, publish, translate, combine
with other works, create derivative works from, distribute,
perform, edit and display such User Content (in whole or part)
worldwide and/or to incorporate it in other works in any form,
media, or technology now known or later developed. You
specifically waive any "moral rights" in and to the User
Content. The foregoing grant includes, without limitation, any
copyrights and other intellectual property rights in and to
your User Content. You represent and warrant that: you own the
User Content posted by you on or through the Site or otherwise
have the right to grant the license set forth in this Section
X; and the posting of your User Content on or through the Site
does not violate the privacy rights, publicity rights,
copyrights, contract rights or any other rights of any person.
You agree to pay for all royalties, fees, and any other monies
owing any person by reason of any User Content you posted to
or through the Site.
You acknowledge and agree that SCS may preserve User Content
and may also disclose User Content if required to do so by law
or in the good faith belief that such preservation or
disclosure is reasonably necessary to: comply with legal
process; enforce this Agreement; respond to claims that any
User Content violates the rights of third-parties; or protect
the rights, property, or personal safety of SCS, its users and
the public. You understand that the technical processing and
transmission of the Site, including your User Content, may
involve: transmissions over various networks; and changes to
conform and adapt to technical requirements of connecting
networks or devices.
You agree to each of the conditions in this Agreement and
further, agree that each of these conditions applies forever
and broadly with regard to SCS worldwide. Posting of User
Content to or through the Site, including ideas or disclosures
of opinions, is voluntary on your part. No confidential or
contractual relationship is established by your posting of
User Content or is to be implied by our review or subsequent
use of your User Content. SCS shall not be liable for any
disclosure of any User Content, including opinion(s) or
suggestion(s), you post to or through the Site. SCS SHALL BE
ENTITLED TO UNRESTRICTED USE OF ANY USER CONTENT IT MAY
RECEIVE FROM YOU AT OR THROUGH THE SITE, FOR ANY PURPOSE
WHATSOEVER, COMMERCIAL OR OTHERWISE, WITHOUT COMPENSATION TO
YOU AS PROVIDER OF THE USER CONTENT
You agree that you will not use the Site to:-
Upload, post, email or otherwise transmit any User Content
that is unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise
objectionable;
-
Harm minors in any way;
-
Impersonate any person or entity, including, but not limited
to a representative of SCS, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
-
Forge headers or otherwise manipulate identifiers to
disguise the origin of any User Content transmitted through
the Site;
-
Upload, post, email or otherwise transmit any User Content
that you do not have a right to transmit under any law or
under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information
learned or disclosed as part of employment relationships or
under non-disclosure agreements);
-
Upload, post, email, or otherwise transmit any User Content
that infringes any patent, trademark, trade secret,
copyright, or other proprietary rights ("Rights") of any
party;
-
Upload, post, email, or otherwise transmit any unsolicited
or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid schemes," or any
other form of solicitation, except in those areas that are
designated for such purpose;
-
Upload, post, email, or otherwise transmit any material that
contains software viruses or any other computer code, files,
or programs designed to interrupt, emulate, destroy or limit
the functionality of any computer software or hardware or
telecommunications equipment;
-
Disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other users of the Site are able to
type, or otherwise act in a manner that negatively affects
other users' ability to engage in real time exchanges;
-
Interfere with or disrupt the Site or servers or networks
connected to the Site, or disobey any requirements,
procedures, policies or regulations of networks connected to
the Site;
-
"Stalk" or otherwise harass another;
-
Collect or store personal data about other Site users; or
-
Gain access to unauthorized areas of the Site or our network
or servers.
Further, by way of example and not as a limitation, you agree
not to:
-
Use the Service in connection with chain letters, junk
e-mail, spamming, or any duplicative or unsolicited messages
(commercial or otherwise);
-
Harvest or otherwise collect information about others,
including e-mail addresses, without their consent;
-
Create a false identity or forged e-mail address or header,
or otherwise, attempt to mislead others as to the identity
of the sender or the origin of the message;
-
Transmit through the Service any Materials that are
unlawful, harassing, libelous, abusive, threatening,
harmful, vulgar, obscene, or otherwise objectionable
material of any kind or nature;
-
Transmit any material that contains viruses, Trojan horses,
worms, trap doors, back doors, Easter eggs, time bombs,
cancelbots, netbots, or any other harmful or deleterious
programs or scripts;
-
Violate any U.S. law regarding the transmission of technical
data or software exported from the United States through the
Service;
-
Interfere with or disrupt networks connected to the Service
or violate the regulations, policies, or procedures of such
networks;
-
Attempt to gain unauthorized access to the Service, other
accounts, computer systems, or networks connected to the
Service, through password mining or any other means; or
-
Interfere with another User’s use and enjoyment of the
Service.
We will terminate the account and/or block Site users who
repeatedly violate the above-mentioned items or the
intellectual property rights of any other person on this Site.
You understand that by using the Site, you may be exposed to
User Content created by others that is offensive, indecent, or
objectionable. SCS does not endorse or have control over the
User Content. User Content is not reviewed by SCS prior to
posting and does not reflect the opinions or policies of SCS.
SCS makes no representations or warranties, express or implied
as to the User Content or the accuracy and reliability of the
User Content or any other material or information that you may
access through the Site. SCS assumes no responsibility for
monitoring the Site for inappropriate submissions or conduct.
If at any time SCS chooses, in its sole discretion, to monitor
the Site, SCS nonetheless assumes no responsibility for the
User Content, has no obligation to modify or remove any
inappropriate User Content, and has no responsibility for the
conduct of the Site users submitting any such User Content.
Notwithstanding the foregoing, SCS and its designees shall
have the right to remove any User Content that violates this
Agreement or is otherwise objectionable, in SCS's sole
discretion. You agree that you must evaluate, and bear all
risks associated with, the use of any User Content, including
any reliance on the accuracy, completeness, or usefulness of
such User Content. In this regard, you acknowledge that you
may not rely on any User Content. You are solely responsible
for your interactions with other Site users. SCS reserves the
right, but has no obligation, to monitor disputes between you
and other Site users and to terminate your Site access, in its
sole discretion.
This Site may include a variety of features, such as bulletin
boards, web logs, chat rooms, and email services, which allow
feedback to us and real-time interaction between users, and
other features which allow users to communicate with others.
Responsibility for what is posted on bulletin boards, web
logs, chat rooms, and other public posting areas on the Site,
or sent via any email services on the Site, lies with each
user - you alone are responsible for the material you post or
send. We do not control the messages, information or files
that you or others may provide through the Site. It is a
condition of your use of the Site that you do not:
-
Restrict or inhibit any other user from using and enjoying
the Site.
-
Use the Site to impersonate any person or entity, or falsely
state or otherwise misrepresent your affiliation with a
person or entity.
-
Interfere with or disrupt any servers or networks used to
provide the Site or its features, or disobey any
requirements, procedures, policies or regulations of the
networks we use to provide the Site.
-
Use the Site to instigate or encourage others to commit
illegal activities or cause injury or property damage to any
person.
-
Gain unauthorized access to the Site, or any account,
computer system, or network connected to this Site, by means
such as hacking, password mining or other illicit means.
-
Obtain or attempt to obtain any materials or information
through any means not intentionally made available through
this Site.
-
Use the Site to post or transmit any unlawful, threatening,
abusive, libelous, defamatory, obscene, vulgar,
pornographic, profane or indecent information of any kind,
including without limitation any transmissions constituting
or encouraging conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate
any local, state, national or international law.
-
Use the Site to post or transmit any information, software
or other material that violates or infringes upon the rights
of others, including material that is an invasion of privacy
or publicity rights or that is protected by copyright,
trademark or other proprietary right, or derivative works
with respect thereto, without first obtaining permission
from the owner or rights holder.
-
Use the Site to post or transmit any information, software
or other material that contains a virus or other harmful
component.
-
Use the Site to post, transmit or in any way exploit any
information, software or other material for commercial
purposes, or that contains advertising.
-
Use the Site to advertise or solicit to anyone to buy or
sell products or services, or to make donations of any kind,
without our express written approval.
-
Gather for marketing purposes any email addresses or other
personal information that has been posted by other users of
the Site.
SCS may host message boards, chats and other private/public
forums on its Sites and on other platforms. Any user failing
to comply with the terms and conditions of this Agreement may
be expelled from and refused continued access to, the message
boards, groups, chats or other such forums in the future. SCS
or its designated agents may remove or alter any user-created
content at any time for any reason. Message boards, chats and
other public forums are intended to serve as discussion
centers for users and subscribers. Information and content
posted within these public forums may be provided by SCS
staff, SCS's outside contributors, or by users not connected
with SCS, some of whom may employ anonymous user names. SCS
expressly disclaims all responsibility and endorsement and
makes no representation as to the validity of any opinion,
advice, information or statement made or displayed in these
forums by third parties, nor are we responsible for any errors
or omissions in such postings, or for hyperlinks embedded in
any messages. Under no circumstances will we, our affiliates,
suppliers or agents be liable for any loss or damage caused by
your reliance on information obtained through these forums.
The opinions expressed in these forums are solely the opinions
of the participants, and do not reflect the opinions of SCS or
any of its subsidiaries or affiliates.
SCS has no obligation whatsoever to monitor any of the content
or postings on the message boards, chat rooms or other public
forums on the Sites. However, you acknowledge and agree that
we have the absolute right to monitor the same at our sole
discretion. In addition, we reserve the right to alter, edit,
refuse to post or remove any postings or content, in whole or
in part, for any reason and to disclose such materials and the
circumstances surrounding their transmission to any third
party in order to satisfy any applicable law, regulation,
legal process or governmental request and to protect
ourselves, our clients, sponsors, users and visitors.
SMS/MMS Mobile Message Marketing Program Terms and
Conditions
Sun Coast Sciences (hereinafter, “We,” “Us,” “Our”) is
offering a mobile messaging program (the “Program”), which you
agree to use and participate in subject to these Mobile
Messaging Terms and Conditions and Privacy Policy (the
“Agreement”). By opting in to or participating in any of our
Programs, you accept and agree to these terms and conditions,
including, without limitation, your agreement to resolve any
disputes with us through binding, individual-only arbitration,
as detailed in the “Dispute Resolution” section below. This
Agreement is limited to the Program and is not intended to
modify other Terms and Conditions or Privacy Policy that may
govern the relationship between you and Us in other contexts.
By signing up via website pop-up, checkout page, confirmation
page, or through an email link, you have consented to receive
marketing messages from us. Messages will be sent for
marketing purposes; to share free content with you, such as
articles and videos; to announce the launch of new products,
and to provide access to your downloads. You may opt out at
any time by texting STOP, END, CANCEL, UNSUBSCRIBE, or QUIT in
response to any of our messages. You may request help at any
time by texting HELP in response to any of our messages or
email us at
mail@suncoastsciences.com.
User Opt In: The Program allows Users to receive SMS/MMS
mobile messages by affirmatively opting into the Program, such
as through online or application-based enrollment forms.
Regardless of the opt-in method you utilized to join the
Program, you agree that this Agreement applies to your
participation in the Program. By participating in the Program,
you agree to receive auto dialed or prerecorded marketing
mobile messages at the phone number associated with your
opt-in, and you understand that consent is not required to
make any purchase from Us. While you consent to receive
messages sent using an auto dialer, the foregoing shall not be
interpreted to suggest or imply that any or all of Our mobile
messages are sent using an automatic telephone dialing system
(“ATDS” or “auto dialer”). Message and data rates may apply.
Your opt-in constitutes your prior express written consent
under the TCPA to receive automated marketing text messages at
the provided number. Consent is not a condition of purchase.
User Opt Out: If you do not wish to continue participating in
the Program or no longer agree to this Agreement, you agree to
reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile
message from Us in order to opt out of the Program. You may
receive an additional mobile message confirming your decision
to opt out. You understand and agree that the foregoing
options are the only reasonable methods of opting out. You
also understand and agree that any other method of opting out,
including, but not limited to, texting words other than those
set forth above or verbally requesting one of our employees to
remove you from our list, is not a reasonable means of opting
out.
Duty to Notify and Indemnify: You agree to promptly notify us
of any changes to your consent status beyond opt-out. If at
any time you intend to stop using the mobile telephone number
that has been used to subscribe to the Program, including
canceling your service plan or selling or transferring the
phone number to another party, you agree that you will
complete the User Opt Out process set forth above prior to
ending your use of the mobile telephone number. You understand
and agree that your agreement to do so is a material part of
these terms and conditions. You further agree that, if you
discontinue the use of your mobile telephone number without
notifying Us of such change, you agree that you will be
responsible for all costs (including attorneys’ fees) and
liabilities incurred by Us, or any party that assists in the
delivery of the mobile messages, as a result of claims brought
by individual(s) who are later assigned that mobile telephone
number. This duty and agreement shall survive any cancellation
or termination of your agreement to participate in any of our
Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US
HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR
FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE
PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE
CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR
STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED
THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE
MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the
Program, users that opt into the Program can expect to receive
messages concerning the marketing and sale of digital and
physical products, services, and events.
Cost and Frequency: The Program involves recurring mobile
messages, and additional mobile messages may be sent
periodically based on your interaction with Us. Message and
data rates may apply.
Support Instructions: For support regarding the Program, text
“HELP” to the number you received messages from or email us at
mail@suncoastsciences.com. Please note that the use of this email address is not an
acceptable method of opting out of the program. Opt outs must
be submitted in accordance with the procedures set forth
above.
MMS Disclosure: The Program will send SMS TMs (terminating
messages) if your mobile device does not support MMS
messaging.
Our Disclaimer of Warranty: The Program is offered on an
“as-is” basis and may not be available in all areas at all
times and may not continue to work in the event of product,
software, coverage, or other changes made by your wireless
carrier. We will not be liable for any delays or failures in
the receipt of any mobile messages connected with this
Program. Delivery of mobile messages is subject to effective
transmission from your wireless service provider/network
operator and is outside of Our control. SCS is not liable for
delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of
your own, capable of two-way messaging, be using a
participating wireless carrier, and be a wireless service
subscriber with text messaging service. Check your phone
capabilities for specific text messaging instructions. Not all
cellular phone providers carry the necessary service to
participate. Supported carriers include AT&T, Verizon,
T-Mobile and others. Message delivery not guaranteed; carrier
fees may apply.
Age Restriction: You may not use or engage with the Platform
if you are under thirteen (13) years of age. If you use or
engage with the Platform and are between the ages of thirteen
(13) and eighteen (18) years of age, you must have your
parent’s or legal guardian’s permission to do so. By using or
engaging with the Platform, you acknowledge and agree that you
are not under the age of thirteen (13) years, are between the
ages of thirteen (13) and eighteen (18), and have your
parent’s or legal guardian’s permission to use or engage with
the Platform, or are of adult age in your jurisdiction. By
using or engaging with the Platform, you also acknowledge and
agree that you are permitted by your jurisdiction’s Applicable
Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any
prohibited content over the Platform. Prohibited content
includes:
-
Any fraudulent, libelous, defamatory, scandalous,
threatening, harassing, or stalking activity;
-
Objectionable content, including profanity, obscenity,
lasciviousness, violence, bigotry, hatred, and
discrimination on the basis of race, sex, religion,
nationality, disability, sexual orientation, or age;
-
Pirated computer programs, viruses, worms, Trojan horses, or
other harmful code;
-
Any product, service, or promotion that is unlawful where
such product, service, or promotion thereof is received;
-
Any content that implicates and/or references personal
health information that is protected by the Health Insurance
Portability and Accountability Act (“HIPAA”) or the Health
Information Technology for Economic and Clinical Health Act
(“HITEC” Act); and
-
Any other content that is prohibited by Applicable Law in
the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute,
claim, or controversy between you and Us, or between you and
any other third-party service provider acting on Our behalf to
transmit the mobile messages within the scope of the Program,
arising out of or relating to federal or state statutory
claims, common law claims, this Agreement or the breach,
termination, enforcement, interpretation or validity thereof,
including the determination of the scope or applicability of
this agreement to arbitrate, such dispute, claim, or
controversy will be, to the fullest extent permitted by law,
determined by arbitration in Cheyenne, Wyoming before one
arbitrator.
The parties agree to submit the dispute to binding arbitration
in accordance with the Commercial Arbitration Rules of the
American Arbitration Association (“AAA”) then in effect.
Except as otherwise provided herein, the arbitrator shall
apply the substantive laws of the Federal Judicial Circuit in
which Sun Coast Sciences’ principal place of business is
located, without regard to its conflict of laws rules. Within
ten (10) calendar days after the arbitration demand is served
upon a party, the parties must jointly select an arbitrator
with at least five years’ experience in that capacity and who
has knowledge of and experience with the subject matter of the
dispute. If the parties do not agree on an arbitrator within
ten (10) calendar days, a party may petition the AAA to
appoint an arbitrator, who must satisfy the same experience
requirement. In the event of a dispute, the arbitrator shall
decide the enforceability and interpretation of this
arbitration agreement in accordance with the Federal
Arbitration Act (“FAA”). The parties also agree that the AAA’s
rules governing Emergency Measures of Protection shall apply
in lieu of seeking emergency injunctive relief from a court.
The decision of the arbitrator shall be final and binding, and
no party shall have rights of appeal except for those provided
in section 10 of the FAA. Each party shall bear its share of
the fees paid for the arbitrator and the administration of the
arbitration; however, the arbitrator shall have the power to
order one party to pay all or any portion of such fees as part
of a well-reasoned decision. The parties agree that the
arbitrator shall have the authority to award attorneys’ fees
only to the extent expressly authorized by statute or
contract. The arbitrator shall have no authority to award
punitive damages and each party hereby waives any right to
seek or recover punitive damages with respect to any dispute
resolved by arbitration. The parties agree to arbitrate solely
on an individual basis, and this agreement does not permit
class arbitration or any claims brought as a plaintiff or
class member in any class or representative arbitration
proceeding. Except as may be required by law, neither a party
nor the arbitrator may disclose the existence, content, or
results of any arbitration without the prior written consent
of both parties, unless to protect or pursue a legal right. If
any term or provision of this Section is invalid, illegal, or
unenforceable in any jurisdiction, such invalidity, illegal,
or unenforceability shall not affect any other term or
provision of this Section or invalidate or render
unenforceable such term or provision in any other
jurisdiction. If for any reason a dispute proceeds in court
rather than in arbitration, the parties hereby waive any right
to a jury trial. This arbitration provision shall survive any
cancellation or termination of your agreement to participate
in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have
all necessary rights, power, and authority to agree to these
Terms and perform your obligations hereunder, and nothing
contained in this Agreement or in the performance of such
obligations will place you in breach of any other contract or
obligation. The failure of either party to exercise in any
respect any right provided for herein will not be deemed a
waiver of any further rights hereunder. If any provision of
this Agreement is found to be unenforceable or invalid, that
provision will be limited or eliminated to the minimum extent
necessary so that this Agreement will otherwise remain in full
force and effect and enforceable. Any new features, changes,
updates, or improvements of the Program shall be subject to
this Agreement unless explicitly stated otherwise in writing.
We reserve the right to change this Agreement from time to
time. Any updates to this Agreement shall be communicated to
you. You acknowledge your responsibility to review this
Agreement from time to time and to be aware of any such
changes. By continuing to participate in the Program after any
such changes, you accept this Agreement, as modified.
Release of Information
Under normal circumstances, we will never release your
provided information to any third party without your consent.
However, in cases of Terms violations or illegal activities,
we reserve the right to forward any and all known information
about you and your accounts to your ISP (including libraries,
schools, and places of employment), email service provider,
your ISP account owner (if someone else is actually paying for
it), and any parties whose copyright has clearly been
infringed by your actions on the boards, or requests from law
enforcement authorities.
All of the information that we collect from you, such as
registration and credit card information, is subject to our
privacy policy. Please CLICK HERE to see our full Privacy
Policy.
Unauthorized Resellers, Returns & Warranties
All matters regarding returns of Sun Coast Sciences Products
must be conducted with place of purchase
(SunCoastSciences.com). Returning a Sun Coast Sciences
‘Product’ without complying with our policy or returning a
Product absent the protections afforded by Sun Coast Sciences
as the retailer will unfortunately deem your transaction
non-refundable. Sun Coast Sciences defines ‘Product’ for the
purpose of this terms of service as the sum of the following
parts:
-
Sun Coast Sciences physical products (sealed
bottles/containers containing unaltered Sun Coast Sciences
product)
-
Sun Coast Sciences digital or marketing materials prescribed
for distribution with the physical Sun Coast Sciences
products, and
-
Warranty protections held by Sun Coast Sciences as the
retailer. Products not containing the sum of its parts
(products purchased from unauthorized resellers, who by
definition, operate with no warranty protections that Sun
Coast Sciences is contractually bound to honor for example)
are defined by Sun Coast Sciences policy as ‘materially
different’ from Sun Coast Sciences products sold to end
users (customers) by Sun Coast Sciences, and thus are not
authorized for resell. Products resold by persons, parties
or entities, not granted warranty protections in a mutual
agreement with Sun Coast Sciences are not authorized for
reimbursement in the event of return under this policy.
Warranty protections as granted by Sun Coast Sciences are
held exclusively by Sun Coast Sciences.
Subscriptions
To cancel any active subscription, please use our customer
service portal.
If you have an active subscription, please check your order
receipt that you received by email from us regarding the
frequency of the subscription.
After your first subscription order, you will receive an email
notification 5-7 days prior to any subscription transaction
and an order receipt after each successful transaction.
To cancel any active subscription or to view the status of
your subscription please use our customer service portal. If
you have questions about your subscription or need to change
your active subscription, please contact us at
mail@suncoastsciences.com.
Refund/Return Policy
SunCoast Sciences offers a 365-Day Guarantee on all unopened
products. If your package was delivered to a US address,
you'll need an RMA# to return your parcel.
If you do not already have an RMA, please visit our
Self-Service Portal to start the return/refund process and
obtain an RMA. Ship your package to Sun Coast Sciences, c/o
Stord CVG 1200 Worldwide Blvd. Hebron, KY 41048. We do not
cover return shipping costs. We'll process your refund as soon
as we receive your completed return form with your valid
return tracking number. Otherwise, we'll issue a refund as
soon as your package has been received and processed at our
warehouse, which can typically take up to 2 weeks. Please
allow three to five business days for the return to credit
your account after processing.
Applicable Law, Jurisdiction, and Dispute Resolution
This Agreement shall be governed by and construed in
accordance with the laws of the State of Wyoming in the United
States, without regard to its choice of law provisions. You
agree to submit to personal jurisdiction in the State of
Wyoming and further agree that any cause of action arising
from or relating to the use of this Site or this Agreement
shall be brought exclusively in the federal or state courts
residing in Teton County, Wyoming.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND SCS HEREBY
WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING OR
LITIGATION BROUGHT AGAINST THE OTHER WITH RESPECT TO THIS
AGREEMENT OR THE SITE. IN ADDITION, NEITHER YOU NOR SCS SHALL
BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER
SITE USERS, OR LITIGATE ANY CLAIM AS A REPRESENTATIVE OR CLASS
ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
These Terms of Service shall be governed by and construed in
accordance with the laws of Wyoming and any dispute shall be
subject to binding arbitration by NAM (National Arbitration
and Mediation) in Cheyenne, Wyoming. If any provision of this
agreement shall be unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable
from this agreement and shall not affect the validity and
enforceability of any remaining provisions. The parties agree
that any arbitration is subject to these Terms of Service and
not any prior arbitration agreement.
Mandatory Pre-Arbitration Notice and Informal Dispute
Resolution Procedure
These procedures are intended to increase the likelihood of
prompt and low-cost resolutions to any dispute between the
parties. All the requirements of the Mandatory Pre-Arbitration
Notice and Informal Dispute Resolution Procedure are
jurisdictional in nature.
Before a party commences an arbitration with NAM with respect
to a claim, the party must first send a written notice of
dispute (“Notice”). The Notice must (1) be sent by certified
mail, return receipt requested or FedEx; (2) be addressed to:
Sun Coast Sciences LLC, with its mailing address at 1680
Michigan Avenue, Suite 700, Miami Beach, FL 33139 (3) contain
the party’s name, address, email address and date/time of
website visit; (4) include a short summary of the dispute,
including any relevant facts regarding the use of the Products
with specific relief sought;
The party must attend a video conference to discuss the
dispute with a representative from SCS. The party’s attorney
may be present;
SCS then shall have 45 days from the date of the video
conference to analyze the nature of the dispute before the
filing of an arbitration with NAM by the party.
If any aspect of these requirements has not been met, a court
of competent jurisdiction may enjoin the filing or prosecution
of an arbitration. In addition, unless prohibited by law, NAM
Arbitration Practice Administrator/Case Manager must dismiss
any arbitration claims brought by a party that has failed to
follow the required steps in the Mandatory Pre-Arbitration
Notice and Informal Dispute Resolution Procedure. If the
arbitration is already pending prior to the completion of the
Mandatory Pre-Arbitration Notice and Information Dispute
Resolution Procedure, NAM cannot accept any fees in connection
with an arbitration that has been initiated without completion
of the Mandatory Pre-Arbitration Notice and Informal Dispute
Resolution Procedure. Nothing in this paragraph limits the
right of SCS to seek damages for non-compliance with the
Mandatory Pre-Arbitration Notice and Informal Dispute
Resolution Procedure in arbitration.
If after the Mandatory Pre-Arbitration Notice and Informal
Dispute Resolution Procedure has been completed, any claim or
dispute arising from use of the Products shall be settled only
through binding arbitration. Any complaint or lawsuit filed in
a court of law shall be dismissed and the arbitration shall
commence. Nothing in this paragraph limits the right of SCS to
seek damages if a party files a complaint or lawsuit.
Class Action Waiver
You may only resolve disputes with us on an individual basis,
and may not bring a claim as a plaintiff or a class member in
a class, consolidated, or representative action. Class
arbitrations, class actions, private attorney general actions,
and consolidation with other arbitrations aren't allowed.
The arbitrator may not consolidate more than one person’s
claims, and may not otherwise preside over any form of a class
or representative proceeding or claims (such as a class
action, consolidated action or private attorney general
action) unless all relevant parties specifically agree to do
so following initiation of the arbitration.
Severability and Interpretation
If any provision of this Agreement shall be deemed unlawful,
void, or for any reason unenforceable by a court of competent
jurisdiction, the validity and enforceability of any remaining
provisions shall not be affected. When used in this Agreement,
the term "including" shall be deemed to be followed by the
words "without limitation." If any clause within these Terms
of Service (other than the Class Action Waiver clause above)
is found to be illegal or unenforceable, that clause will be
severed from these Terms of Service, and the remainder of
these Terms of Service will be given full force and effect. If
the Class Action Waiver clause is found to be illegal or
unenforceable, the Dispute Resolution provision will be
unenforceable, and the dispute will be decided by a court.
Entire Agreement
This Agreement constitutes the entire and only Agreement
between SCS and each user of this Site with respect to the
subject matter of this Agreement and supersedes any and all
prior or contemporaneous Agreements, representations,
warranties, and understandings, written or oral, with respect
to the subject matter of this Agreement.
Miscellaneous
The failure of SCS Parties to insist upon strict adherence to
any term of this Agreement shall not constitute a waiver of
such term and shall not be considered a waiver or limit that
party's right thereafter to insist upon strict adherence to
that term or any other term of this Agreement. You agree that
regardless of any statute or law to the contrary, any claim or
cause of action arising from or relating to use of this Site
or this Agreement must be filed within one (1) year after such
claim or cause of action arose, or will be forever barred. The
"Disclaimer; Limitation of Liability" provisions of this
Agreement are for the benefit of SCS Parties as defined
herein, and each of these individuals or entities shall have
the right to assert and enforce these provisions directly
against you on its own behalf.
Policy
We respect the intellectual property rights of others and
require that Site users do the same. If you believe that your
proprietary work has been copied in a way that constitutes
copyright infringement, please forward the following
information to the SCS Copyright Agent, designated as such
pursuant to the Digital Millennium Copyright Act, 17 U.S.C. §
512(c)(2):
SCS Copyright Agent
Address of Agent: Sun Coast Sciences, 1680 Michigan Avenue,
Suite 700, Miami Beach, FL 33139
Telephone:
1-888-281-6816
Email:
mail@suncoastsciences.com
-
A physical signature of the person authorized to act on
behalf of the owner of the copyright;
-
A description of the copyrighted work that you claim has
been infringed;
-
A description of where the material that you claim is
infringing is located on the Service;
-
Your address, telephone number, and email address;
-
A statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner,
its agent, or the law; and
-
A statement by you, made under penalty of perjury, that the
above information in your notice is accurate and that you
are the copyright owner or authorized to act on the
copyright owner's behalf.
The Digital Millennium Copyright Act of 1998 (the "DMCA")
provides recourse for copyright owners who believe that
material appearing on the Internet infringes their rights
under the U.S. copyright law. If you believe in good faith
that materials hosted by SCS infringe your copyright, you, or
your agent may send to SCS a notice requesting that the
material be removed or access to it be blocked. Any
notification by a copyright owner or a person authorized to
act on its behalf that fails to comply with requirements of
the DMCA shall not be considered sufficient notice and shall
not be deemed to confer upon SCS actual knowledge of facts or
circumstances from which infringing material or acts are
evident. If you believe in good faith that a notice of
copyright infringement has been wrongly filed against you, the
DMCA permits you to send to SCS a counter-notice. All notices
and counter notices must meet the then current statutory
requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. SCS's Copyright Agent for notice shall be:
mail@suncoastsciences.com
Online Commerce
Certain sections of the Site may allow you to purchase many
different types of products and services online that are
provided by third parties. We are not responsible for the
quality, accuracy, timeliness, reliability or any other aspect
of these products and services. If you make a purchase from a
merchant on the Site or on a site linked to by the Site, the
information obtained during your visit to that merchant's
online store or site, and the information that you give as
part of the transaction, such as your credit card number and
contact information, may be collected by both the merchant and
us. A merchant may have privacy and data collection practices
that are different from ours. We have no responsibility or
liability for these independent policies. In addition, when
you purchase products or services on or through the Site, you
may be subject to additional terms and conditions that
specifically apply to your purchase or use of such products or
services. For more information regarding a merchant, its
online store, its privacy policies, and/or any additional
terms and conditions that may apply, visit that merchant's
website and click on its information links or contact the
merchant directly. You release us and our affiliates from any
damages that you incur and agree not to assert any claims
against us or them, arising from your purchase or use of any
products or services made available by third parties through
the Site.
Your participation, correspondence or business dealings with
any third party found on or through our Site, regarding
payment and delivery of specific goods and services, and any
other terms, conditions, representations or warranties
associated with such dealings, are solely between you and such
third party. You agree that SCS shall not be responsible or
liable for any loss, damage, or other matters of any sort
incurred as the result of such dealings.
You agree to be financially responsible for all purchases made
by you or someone acting on your behalf through the Site. You
agree to use the Site and to purchase services or products
through the Site for legitimate, non-commercial purposes only.
You also agree not to make any purchases for speculative,
false or fraudulent purposes or for the purpose of
anticipating demand for a particular product or service. You
agree to only purchase goods or services for yourself or for
another person for whom you are legally permitted to do so.
When making a purchase for a third party that requires you to
submit the third party's personal information to us or a
merchant, you represent that you have obtained the express
consent of such third party to provide such third party's
personal information.
Registration
To access certain features of the Site, we may ask you to
provide certain demographic information including your gender,
year of birth, zip code and country. In addition, if you elect
to sign-up for a particular feature of the Site, such as chat
rooms, web logs, or bulletin boards, you may also be asked to
register with us on the form provided and such registration
may require you to provide personally identifiable information
such as your name and email address. You agree to provide
true, accurate, current and complete information about
yourself as prompted by the Site's registration form. If we
have reasonable grounds to suspect that such information is
untrue, inaccurate, or incomplete, we have the right to
suspend or terminate your account and refuse any and all
current or future use of the Site (or any portion thereof).
Our use of any personally identifiable information you provide
to us as part of the registration process is governed by the
terms of our Privacy Policy.
Passwords
To use certain features of the Site, you will need a username
and password, which you will receive through the Site's
registration process. You are responsible for maintaining the
confidentiality of the password and account, and are
responsible for all activities (whether by you or by others)
that occur under your password or account. You agree to notify
us immediately of any unauthorized use of your password or
account or any other breach of security, and to ensure that
you exit from your account at the end of each session. We
cannot and will not be liable for any loss or damage arising
from your failure to protect your password or account
information.