Terms and Conditions
INTRODUCTION
These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within www.gargleworks.com (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.
This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you are a minor.
INTELLECTUAL PROPERTY RIGHTS
Other than content you own, which you may have opted to include on this Website, under these Terms, GargleWorks, LLC dba as GargleWorks and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.
You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website,
RESTRICTIONS
You are expressly and emphatically restricted from all of the following:
publishing any Website material in any media;
selling, sub-licensing and/or otherwise commercializing any Website material;
publicly performing and/or showing any Website material;
using this Website in any way that is, or may be, damaging to this Website;
using this Website in any way that impacts user access to this Website;
using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
using this Website to engage in any advertising or marketing;
Certain areas of this Website are restricted from access by you and GargleWorks, LLC dba GargleWorks, may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
YOUR CONTENT
In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant GargleWorks, LLC dba as GargleWorks, a non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be infringing on any third party’s rights. GargleWorks, LLC dba GargleWorks, reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
NO WARRANTIES
This Website is provided “as is,” with all faults, and GargleWorks, LLC. dba as GargleWorks, makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
LIMITATION OF LIABILITY
In no event shall GargleWorks, LLC dba as GargleWorks, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and GargleWorks, LLC dba as GargleWorks, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
INDEMNIFICATION
You hereby indemnify to the fullest extent GargleWorks, LLC dba as GargleWorks, from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
SEVERABILITY
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such un-enforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
VARIATION OF TERMS
GargleWorks, LLC dba as GargleWorks, is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
ASSIGNMENT
GargleWorks LLC dba as GargleWorks, shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
ENTIRE AGREEMENT
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between GargleWorks, LLC dba as GargleWorks, and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
GOVERNING LAW & JURISDICTION
These Terms will be governed by and construed in accordance with the laws of the US, and you submit to the non-exclusive jurisdiction of the state and federal courts located in the US for the resolution of any disputes.
13. Other
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 www.gargleworks.com infringe your copyright, you, or your agent may send to www.gargleworks.com 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 www.gargleworks.com 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 www.gargleworks.com 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. www.gargleworks.com Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: info@gargleworks.com.
This Agreement shall be binding upon and inure to the benefit of www.gargleworks.com and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of www.gargleworks.com . Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by www.gargleworks.com to any affiliated entity or any of its wholly-owned subsidiaries
DISPUTE RESOLUTION
All disputes shall be governed by and construed in accordance with the laws of the State of Florida and any dispute shall be subject to binding arbitration in the State of Florida.
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
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.
Review and Testimonial Disclaimer
IN ACCORDANCE WITH THE FTC GUIDELINES CONCERNING THE USE OF ENDORSEMENTS AND TESTIMONIALS IN ADVERTISING, PLEASE BE AWARE OF THE FOLLOWING:
www.gargleworks.com received the product reviews and testimonials appearing on this site from verified customers. They are individual experiences, reflecting the experiences of people who have used GargleWorks products. However, they are individual results and results vary. We do not claim that these are typical results that all consumers will achieve. The product reviews and testimonials are not necessarily representative of everyone who will use our products.
The testimonials include the original wording of the writer, except for grammatical, spelling and typing edits, and removal of any customer comments that could be interpreted as therapeutic or cure drug claims attributed to their use of our products that would be prohibited by the FDA and FTC for dietary supplements.
GargleWorks is not responsible for any of the opinions or comments posted to our site. GargleWorks is not a forum for testimonials; however, we provide product reviews and testimonials as a means for customers to share their experiences with visitors to our website. GargleWorks does not share the opinions, views or commentary of any reviews and testimonials on this site. They are strictly the views of the reviewer.
These product reviews and testimonials are not intended to make claims that GargleWorks products can be used to diagnose, treat, cure, mitigate or prevent any disease. These claims have not been clinically proven or evaluated by the FDA.