Service Agreement & Informed Consent
Terms of Service Agreement
This Agreement is subject to change byhttps://advancedsofttissuerelease.com at any time, effective upon posting on the relevant website. Your continued use of the Websites and the Service following https://advancedsofttissuerelease.com posting of revised terms of any section of the Agreement will constitute your express and binding acceptance of and consent to the revised Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Websites and the Service. This Agreement may be modified by https://advancedsofttissuerelease.com from time to time, such modifications to be effective upon posting by https://advancedsofttissuerelease.com on the Websites. By accessing and/or using the Websites or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
1. Access and Retention. In order to access and retain this electronic Agreement, you must have access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
2. Commercial Use of Service. If you are using the Service and/or accessing the Websites on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:
a. You are an authorized representative of the Subscribing Entity, and that you have the authority to bind the Subscribing Entity to this Terms of Service;
b. You have read and understand this Terms of Service; and
c. You agree to this Terms of Service on behalf of the Subscribing Entity.
Illegal and/or unauthorized uses of the Websites include, but are not limited to, browsing or downloading illegal content, collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Websites, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Websites in any fraudulent or misleading manner, any automated use of the system, such as scraping the Websites, automated scripts, spiders, robots, crawlers, data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Websites or the networks or services connected to the Websites, and using the Websites in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Websites may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Websites and Service is with the permission of https://advancedsofttissuerelease.com, which may be revoked at any time, for any reason, in https://advancedsofttissuerelease.com’s sole discretion.
3. Account Security. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify https://advancedsofttissuerelease.com of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. https://advancedsofttissuerelease.com will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-login feature if you have it linked to your https://advancedsofttissuerelease.com account.
4. Your Use of the Websites
a. You may not browse or download illegal content.
b. You must not copy or capture, or attempt to copy or capture, any content from the Websites (the “Content”) or any part of the Websites, unless given express permission by https://advancedsofttissuerelease.com.
c. You must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Platform, except (i) where such Content is created by you (such content, “Your Content”), or (ii) as permitted under these Terms of Service, and within the parameters set by the person or entity that uploaded the Content (the “Uploader”) (for example, under the terms of Creative Commons licenses selected by the Uploader).
d. You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Websites’ offering.
e. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
f. You must not employ the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log-in, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Websites.
g. You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Websites or any Content appearing on the Websites (other than Your Content).
h. You must not, and must not permit any third party to, copy or adapt the object code of the Websites, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Websites, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than Your Content.
i. You must not use the Websites to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
● any Content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in https://advancedsofttissuerelease.com’s sole and reasonable discretion;
● any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
● any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in https://advancedsofttissuerelease.com’s sole and reasonable opinion;
● any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair or disrupt the Websites or servers or networks forming part of, or connected to, the Websites, or which does or might restrict or inhibit any other user’s use and enjoyment of the Websites; or
● any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
j. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
k. You must not rent, sell or lease access to the Websites, or any Content on the Websites, although this will not prevent you from including links from Your Content to any legitimate online download store from where any item of Your Content may be purchased.
l. You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
m. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any https://advancedsofttissuerelease.comemployee. If we feel that your behavior towards any of our employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.
n. You must not sell or transfer, or offer to sell or transfer, any https://advancedsofttissuerelease.com account to any third party without the prior written approval of https://advancedsofttissuerelease.com.
o. You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
p. You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by https://advancedsofttissuerelease.com or any Uploader; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of [https://advancedsofttissuerelease.com’s servers, system or network or attempt to breach https://advancedsofttissuerelease.com’s data security or authentication procedures; attempt to interfere with the Websites or the Services by any means including, without limitation, hacking https://advancedsofttissuerelease.com’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of https://advancedsofttissuerelease.com under these Terms of Service, https://advancedsofttissuerelease.com reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and cooperate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.
You agree to comply with the above conditions, and acknowledge and agree that https://advancedsofttissuerelease.com has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Service. This may include taking court action and/or reporting offending users to the relevant authorities.
5. Representations and Warranties. You hereby represent and warrant to https://advancedsofttissuerelease.com as follows:
a. Your Content, and each and every part thereof, is an original work by you, or you have obtained all rights, licenses, consents and permissions necessary in order to use, and (if and
where relevant) to authorize https://advancedsofttissuerelease.com to use, Your Content pursuant to these Terms of Service, including, without limitation, the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available and otherwise communicate to the public Your Content, and each and every part thereof, on, through or via the Websites, any and all Services and any third party services.
b. Your Content and the availability thereof on the Platform does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.
c. You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in Your Content in order to include their name, voice, performance or likeness in Your Content and to publish the same on the Websites and via any third party services.
d. Your Content, including any comments that you may post on the Websites, is not and will not be unlawful, offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion or sexual orientation.
e. Your Content does not and will not create any liability on the part of https://advancedsofttissuerelease.com, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders.
https://advancedsofttissuerelease.com reserves the right to remove Your Content, suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person’s rights or violates any law, rule or regulation.
6. Term. This Agreement will remain in full force and effect while you use the Websites and/or Service. You may terminate your membership and/or subscription at any time by contacting us at 888-210-2787. If you resign or cancel your membership and/or subscription to https://advancedsofttissuerelease.com, to help https://advancedsofttissuerelease.com analyze and improve the Service, you may be asked to provide a reason for your resignation/cancellation. https://advancedsofttissuerelease.com may terminate your membership and/or subscription for any reason by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to https://advancedsofttissuerelease.com. If https://advancedsofttissuerelease.com terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of https://advancedsofttissuerelease.com.https://advancedsofttissuerelease.com is not required to provide you notice prior to terminating your membership and/or subscription. https://advancedsofttissuerelease.com is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
7. Modifications to Service. https://advancedsofttissuerelease.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that https://advancedsofttissuerelease.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
8. Blocking of IP Addresses. In order to protect the integrity of the Services, https://advancedsofttissuerelease.com reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Websites.
a. Proprietary Rights. https://advancedsofttissuerelease.com retains all proprietary rights in the Websites and the Service. The Websites contains the copyrighted material, trademarks, and other proprietary information of https://advancedsofttissuerelease.com, and its licensors. Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on https://advancedsofttissuerelease.com is proprietary. Except where otherwise specified in this Agreement, all Content is copyrighted material of https://advancedsofttissuerelease.com and for https://advancedsofttissuerelease.com’s Members’ use only. Distribution of Content to others is strictly prohibited. You agree that https://advancedsofttissuerelease.com would be irreparably harmed by any violation or threatened violation of this section and that, therefore, https://advancedsofttissuerelease.com shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.
We may provide links to third party websites, and some of the content appearing on https://advancedsofttissuerelease.com may be supplied by third parties. https://advancedsofttissuerelease.com has no responsibility for these third party websites nor for their content, which is subject to and governed by the Terms of Service and/or privacy policies, if any, of the applicable third party content providers.
b. Ownership of Your Content; Licenses.
You agree that any content you upload to the Websites and/or the Service (“Your Content”) shall become the property of https://advancedsofttissuerelease.com. This shall have no effect on Sections ___ (Copyright Policy), _____ (Limitation of Liability), and _____ (Indemnity by You) of this Agreement.
However, with respect to Your Content, https://advancedsofttissuerelease.com grants you a worldwide, royalty-free and non-exclusive license(s) to use, distribute, reproduce, and publicly display such content, except with regard to commercial or for-profit use account.
Any Content other than Your Content is the property of the relevant Uploader, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Websites from time to time and within the parameters set by the Uploader on the Service or with the express written consent of the Uploader. Where you repost another user’s Content, or include another user’s Content in a set, you acquire no ownership rights whatsoever in that Content. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant Uploader.
10. Restrictions on Use of Materials. You acknowledge that https://advancedsofttissuerelease.com contains images, text, and other content (collectively, “Intellectual Property”) that is protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Intellectual Property is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and https://advancedsofttissuerelease.com owns a copyright in the selection, coordination, arrangement and enhancement of such Intellectual Property. All trademarks appearing on this Websites are trademarks of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Intellectual Property, in whole or in part. When Intellectual Property is downloaded to your computer, you do not obtain any ownership interest in such Intellectual Property. Modification of the Intellectual Property or use of the Intellectual Property for any other purpose, including, but not limited to, use of any Intellectual Property in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
11. Copyright Policy. https://advancedsofttissuerelease.com prohibits the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.
Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, you hereby agree that notifications of claimed copyright infringement be sent by certified mail to:
1577 N Linder Rd MB # 199, Kuna, ID 83634
If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to https://advancedsofttissuerelease.com at the address shown above, giving a written statement that contains:
a. identification of the copyrighted work and/or intellectual property right claimed to have been infringed;
b. identification of the allegedly infringing material on the Site that is requested to be removed; c. your name, address, and daytime telephone number, and an e-mail address if available;
d. a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law;
e. a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and
f. the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right.
https://advancedsofttissuerelease.com will process any notice of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.
12. Liability for Content. You hereby acknowledge and agree that https://advancedsofttissuerelease.com (i) stores Content and other information at the direction, request and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such Content, and (iii) plays no active role and gives no assistance in the presentation or use of the Content. You are solely responsible for all of Your Content that you upload, post or distribute to, on or through the Websites, and to the extent permissible by law, https://advancedsofttissuerelease.comexcludes all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto.
You hereby acknowledge and agree that https://advancedsofttissuerelease.com cannot and does not review the Content created or uploaded by its users, and neither https://advancedsofttissuerelease.com nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and does not undertake or assume any duty, to monitor the Websites for Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Service or applicable law.
https://advancedsofttissuerelease.com and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Websites by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Websites. By using the Websites, you irrevocably waive the right to assert any claim with respect to any of the foregoing against https://advancedsofttissuerelease.com or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.
13. Repeat Infringers. https://advancedsofttissuerelease.com will suspend or terminate your access to the Websites if https://advancedsofttissuerelease.com determines, in its sole and reasonable discretion, that you have repeatedly breached these Terms of Service.
If we receive a valid notification from a third party in accordance with our reporting processes or applicable law that any of Your Content infringes the copyright or other rights of such third party, or if we believe that your behavior is inappropriate and violates our Terms of Service, we will send you a written warning to this effect. Any user that receives more than two of these warnings is liable to have their access to the Websites terminated forthwith.
We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined byhttps://advancedsofttissuerelease.com at its sole discretion.
Please note that we do not offer refunds to Members whose accounts are terminated as a result of repeated infringement of these Terms of Service.
14. Limitation of Liability. In no event shall https://advancedsofttissuerelease.com be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Websites or Service, or use thereof. Nothing contained in this Websites or in any written or oral communications from https://advancedsofttissuerelease.com or its employees or agents shall be construed to make any promise, covenant, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.
The content and functionality on the Websites and the services provided by employees of the Websites are offered “as is” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. https://advancedsofttissuerelease.com makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Websites’ content or that the functionality of the Websites will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Websites and the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL https://advancedsofttissuerelease.com, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT , INCIDENT AL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES, EVEN IF https://advancedsofttissuerelease.com HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL https://advancedsofttissuerelease.com HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS; LOST DATA; LOSS OF GOODWILL; COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT; WORK STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; ILLEGAL, IMMORAL OR FRAUDULENT ACTIVITY; PERSONAL INJURY; PROPERTY DAMAGE; OR ANY OTHER
DAMAGES OR LOSSES, EVEN IF https://advancedsofttissuerelease.comHAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of https://advancedsofttissuerelease.com and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement, Websites or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the Member or user to https://advancedsofttissuerelease.com during the six months prior to notice to https://advancedsofttissuerelease.com of the dispute for which the remedy is sought.
15. Indemnity by You. You agree to indemnify and hold https://advancedsofttissuerelease.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to:
a. your use of the Service and/or Websites in violation of this Agreement and/or arising from a breach of this Agreement including without limitation your representations and warranties set forth above;
b. any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Websites, and/or your making available thereof to other users of the Websites, and/or the actual use of Your Content by other users of the Websites or related services in accordance with these Terms of Service and the parameters set by you with respect to the distribution and sharing of Your Content;
c. any activity related to your account, either by you or by any other person accessing your account with or without your consent unless such activity was caused by the act of https://advancedsofttissuerelease.com.
16. Attorney Fees. In the event that https://advancedsofttissuerelease.com is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for https://advancedsofttissuerelease.com’s attorneys’ fees and costs.
17. Parental or Guardian Permission. Some of the Content on the Websites may not be appropriate for children. CHILDREN UNDER THE AGE OF 17 ARE NOT PERMITTED TO USE THE WEBSITES UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT.
19. Jurisdiction and Choice of Law; Dispute Resolution. If there is any dispute arising out of the Websites and/or the Service, by using the Websites and/or Service, you expressly agree that any such dispute shall be governed by the laws of the State of Idaho, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Idaho, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of Idaho with the same force and effect as if such service had been made within the State of Idaho. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
20. Arbitration Provision/No Class Action. Except where prohibited by law, as a condition of using the Websites and/or Service, you agree that any and all disputes, claims and causes of action (collectively, “Claim”) arising out of or connected with the Websites and/or Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of Idaho, County of ADA. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Idaho, County of ADA.
You agree to give up your rights to participate in a class action or representative action with respect to any claim or controversy arising out of or relating to the Site, the Service or ASTR Institute. You will be entitled to join or consolidate claims by or against other parties or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity.
We will attempt to resolve disputes, however, if a matter arises that cannot be resolved promptly between you and us, you agree that any claim or controversy arising out of or relating to the Service shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered into any court having jurisdiction thereof.
The arbitrator(s) will be empowered to grant whatever relief would be available in a court under law or in equity, including, without limitation, any injunctive relief. Moreover, the arbitrator(s) will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this Class Action Waiver, Dispute Resolution, & Arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. Any award of the arbitrator(s) will be final and binding on each of the parties.
You agree that the arbitration shall be held in Boise, Idaho, unless the AAA or the arbitrator shall determine that venue in Boise is unreasonably burdensome, in which case the AAA or the arbitrator shall select a venue that is not unreasonably burdensome to both you and us. You agree that, if the AAA shall be unavailable or decline to administer the arbitration, and the parties do not agree on a substitute, a substitute administrator or arbitrator shall be appointed by the court. The arbitrator may render early or summary disposition of some or all issues, after the parties have had a reasonable opportunity to make submissions on these issues. You agree that any arbitration shall not permit claims on a class, mass, representative, or private attorney general basis. You further agree that no claims of other parties may be consolidated with your or our claims in the arbitration without both your and our consent. YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS, MASS, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION AGAINST US.
If any part of this Arbitration clause is later deemed invalid as a matter of law, then it shall be severed, and the remaining portions of this section shall remain in effect, with the exception that if the preceding paragraph is deemed invalid, then this entire section shall be deemed invalid and the arbitration clause shall be void.
At ASTR Institute’s option, this provision shall not apply to claims of patent, trademark, or copyright infringement or misappropriation of trade secrets (collectively, “IP Claims”). With respect to any IP Claims that are not subject to arbitration under the above provision, you hereby consent to non-exclusive jurisdiction and venue in any federal or state court located within the State of Idaho, U.S.A., with respect to any suit, claim, or cause of action arising from or relating to the Service or this Agreement, and you shall not bring any such suit, claim or cause of action except in a court located within the State of Idaho, U.S.A.
21. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
23. Entire Agreement. This Agreement contains the entire agreement between you and https://advancedsofttissuerelease.com regarding the use of the Websites and/or the Service.
24. Severability; Waiver. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, https://advancedsofttissuerelease.com’s failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect https://advancedsofttissuerelease.com’s ability to enforce such term at any point in the future.
25. Headings. The section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.
Please contact us with any questions regarding this agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
By agreeing upon and accepting these services, you acknowledge that you have read, comprehend and give consent to accept this Agreement:
Eligibility Requirements and Acknowledgements
- You are at least eighteen (18) years of age or older.
- You agree that you are who you say you are and are not pretending to be someone else why using our services.
- You have the legal right and ability to enter into this Agreement and receive or arrange for someone else to receive Service if you are legally authorized to do so.
- You are requesting services for yourself or for someone for whom you are legally authorized to take care of.
- The technology you are using (online, mobile, etc) will allow you to communicate and provide personal information in a secure and confidential way.
- You ARE NOT currently experiencing a medical or life threatening emergency and DO NOT need immediate medical help. If you are experiencing a life threatening emergency, you need to call 911 immediately.
- It is your responsibility to regularly update all personal contact information accurately in your online medical chart. Failure to do so may result in termination of services with our company and site.
- You agree to adhere to all of the protocols, advice and instructions given by ASTR Institute and Provider. If you choose not to follow the recommendations and advice of ASTR and Provider OR or if you forget or fail to follow ASTR recommendations, you do so at your own medical risk.
Service Acceptance/Informed Consent to Medical Services through Telehealth
- You agree to follow all obligations in the Agreement.
- You acknowledge and agree that you have been given all of the information you need to enter into said agreement and that you are making an informed decision.
- You understand that our Services are or may be provided through telehealth, by means of audio, visual and store-and-forward technology. You understand that telemedicine may not be appropriate for all medical problems and should not be used in emergency cases.
- You understand that there are possible risks connected to the use of telehealth/telemedicine. The possible risks include, but may not be limited to, delays in the medical evaluation and treatment process due to limitations, deficiencies and/or failures of the technology. Also, there are infrequent situations where security protocols could fail, causing a breach of privacy of personal medical information.
- You understand and acknowledge that you have the right to choose health care in person with a provider of your choice.
- By entering into and accepting the services provided by this agreement, you acknowledge that you are a patient of the Provider and are willingly entering into a patient-provider relationship with the healthcare Provider(s) provided in connection with the Services.
- You understand that the Services provided by the Company may require or recommend that you check in and follow up with your primary health care provider.
- You understand that the testing process may involve collecting bodily fluids or tissue (each a “Sample”), in agreement with standard testing procedures, and that the Testing Lab may require you to complete additional paperwork before collecting a Sample.
- You understand that tests will be performed on your Samples in a laboratory certified by an authorized regulatory agencies and designed to perform diagnostic testing, BUT, you also understand and accept that the identification of the presence or absence of a certain disease or infection by these tests is not flawless or perfect. Additionally, you understand and accept that there is a statistical probability that a test for a disease or infection could produce a false positive or a false negative test result, which could result in an unintended misdiagnosis or delay in treatment.
- You understand that by using the Services, the Company does not guarantee any particular form of treatment, including the granting of a prescription, and that all treatment decisions will be made with the sole professional discernment of your assigned Provider, which may include a recommendation for in-person care by your primary care physician or other healthcare provider.
- You agree that any prescription ordered for you by Provider will only be for your use. It is your responsibility to read all labels and product information and to reach out to your primary care physician or pharmacist if you have additional questions regarding the prescription.
- You agree that ASTR Institute and Provider make no representations or warranties about the adequacy or accuracy of any information provided by the manufacturer, website, artificial intelligence, pharmacist or clinician on any prescription drug products or any treatment, therapy or application provided in response to a prescription from a Provider.
- By using this website and answering the evaluation questionnaires, you are giving us the consent to perform the evaluation and give recommendations. You have the right to accept or refuse any of our recommendations. We do not make any guarantees regarding outcomes or results you may or may not experience as a result of using our treatment protocols or products.
- It is the patient/caretaker’s responsibility to provide accurate health information, including but not limited to allergies, underlying health issues issues, allergies, drugs or medications being taken as well as any medical conditions and/or surgeries when filling out the online evaluation questionnaires.
- At an additional cost, company will provide you with access to an ASTR provider through a telehealth evaluation, with the purpose of doing a functional medicine evaluation, including a nutritional analysis, review of current bloodwork and/or providing a script for additional bloodwork that will be needed to review for optimal understanding of potential health care issues or condition/s. At an additional cost, patient will have access to an ASTR provider through a follow up consult, to review any additional laboratory findings and provide a customized protocol for supplemental dosing, etc. It is possible ASTR provider may refer patient back to primary care physician or local health care provider to consult for any health issues that ASTR provider is not able to provide recommendations for.
- Company will arrange for the performance of diagnostic testing or testing by a Testing Lab for one or more conditions as instructed on the test requisition (“Order”), and authorized by a Provider, in accordance with applicable state laws.
- Testing Lab may request and collect bodily fluids or tissue (each a “Sample”), in agreement with standard testing procedures, and will process the Samples in accordance with the Order issued by ASTR Provider.
- Company will deliver to you (by telephone, email, or other means) educational information and/or your test(s) results.
- At an additional cost, Company/Provider will provide an evaluation, consultation or treatment protocol based on your test results; in accordance with applicable law.
- Company or Provider may order a prescription or other treatment and/or provide consultation (at additional cost) as determined to be medically appropriate in the sole professional of the assigned Provider. Any prescriptions or treatment protocols shall be provided in connection with online consultation.
- Company will keep an appropriate medical record of the Services provided.
- Company and its providers reserve the right to deny care in the event the Company determines or suspects possible misuse of services.
- Neither the Company, Provider nor ASTR Health/ ASTR Institute will provide any services for medical emergencies or urgent situations. IF YOU BELIEVE YOU HAVE AN EMERGENCY, CALL 911 IMMEDIATELY.
Lab Tests Consent:
I hereby authorize (i) ASTR Institute (with its affiliates and safe), “ASTR” (ii)Lab Testing API Inc. (with its affiliates and staff, “Lab Testing API”) and (iii) PWN Remote Care Services, (with its affiliates and administrative services provider, “PWN”), including its physicians, their staff, agents and designees, including PWNHealth, LLC, as agent and administrative services provider and the laboratories that perform services requested by or consented by me (“PWN Parties”) to use and disclose health information about me in the manner and for the purposes stated below.
This authorization applies to the use and disclosure of the following information about me: all information in requests(s) submitted by me or about me with my consent and the laboratory test values/results/information which are the result of the request(s) so submitted.
For the avoidance of doubt, I specifically authorize the transfer and release of this information to, between, and among myself and the following individuals, organizations, and their representatives:
1. ASTR and its affiliates, their staff, and agents;
2. Lab Testing API and its affiliates, their staff, and agents;
3. PWN and its affiliates, physicians and their staff and agents (including PWNHealth, LLC);
4. The designated PWN physician of record and its staff, agents, and designees;
5. The applicable laboratory of record and its staff and agents; and
6. Certain providers for the purposes herein, and as required or permitted by law.
The information which is the subject of this authorization will be used or disclosed for the following purposes:
(a) to facilitate and execute the services requested by me or performed with my consent (including receiving, reviewing, and approving a laboratory request; reviewing, processing, and delivering the laboratory test value(s)/result(s));
(b) for treatment, health care operations, and payment services;
(c) to provide me with information and materials on treatment alternatives, health-related offerings and services, and products that may assist me with health, wellness, and overall care or be of interest to me; and
(d) to conduct statistical research studies, and as required or permitted under state and federal laws. Remuneration may be received in exchange, therefore. I may opt to not have my personal information disclosed for some purposes above with prior written notice to ASTR, PWN, or Lab Testing API, as applicable, as set forth below. I understand that such opt-out may affect the services I have voluntarily elected.
This authorization evidences my informed decision to allow the release of the information to the parties referenced in this authorization. This authorization is effective immediately and will expire ten years after the date of this authorization.
Upon my written request, I may inspect or copy the information that I have permitted to be used or disclosed if permitted by law. PWN Parties or Lab Testing API may receive payment or other remuneration related to the use and disclosures herein.
I understand that I have a right to receive a copy of this authorization. I have the right to refuse to agree to this authorization in which case my refusal may affect the services provided to me. When my information is used or disclosed according to this authorization, it may be subject to re-disclosure by the recipient and may no longer be protected by certain privacy laws. I have the right to revoke this authorization in writing at any time, except that the revocation will not apply to any information already disclosed by the parties referenced in this authorization who have acted in reliance upon this authorization.
My written revocation must be submitted to, as applicable, Lab Testing API at:
Lab Testing API LTD
Attn: Michelle Chilcott
2810 N Church St #30986
By signing or acknowledging this consent electronically, I agree to its terms and representations.
By using this website, I provide the above company with authorization and consent to use and disclose my protected health care information for the purposes of treatment, payment and health care operations as described in the Privacy Notice