TERMS OF USE

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Last updated:  December 21, 2023

These Terms of Use (“Terms”) are a legally binding agreement between you and Mishan Zia Wellness, LLC, including any current and/or future affiliate entitles (collectively, “MZW,” “Mishan Zia Wellness,” “we,” “us,” or similar terms), the owner and operator (“Owner”) of this Website (“Website”).  “Website,” “site,” or similar terms means this website, with a home page located at www.mishanziawellness.com, and all subordinate pages.  “You,” “your,” and similar terms refer to you, the individual visiting this Website, any person or entity on whose behalf you are using or visiting this Website, as well as any person or entity that has rights through you.  

Your Agreement to these Terms of Use

By using or visiting this Website, you agree to these Terms of Use as well as to the terms of our Privacy Policy, including all updates and revisions to either document.  These Terms state the terms and conditions under which you may access and use the Website and all written or other materials displayed or made available through the Website, including, and without limitation, articles, text, photographs, images, illustrations, audio clips, video clips, computer software, and code (the “Content”).  By accessing and using the Website, you are indicating your acceptance to be bound by these Terms.  If you do not agree to be bound by these Terms, do not access or use this Website.

Your agreement to these Terms of Use includes a legally binding agreement to arbitrate all claims and disputes, as described further below.

Medical Emergency

Do NOT use this Website for medical emergencies.  If you have a medical emergency, CALL 911 immediately or seek a qualified health care provider immediately.  Under no circumstances should you attempt to communicate, manage, diagnose, or treat any medical emergency based on anything you have seen or read on this Website.

Not Medical Advice

The general information provided on this Website is for informational purposes only and is not professional medical advice, diagnosis, treatment, or care, nor is it intended to be a substitute therefore.  You should always seek medical advice from a qualified health care professional for any questions.  Never disregard professional medical advice or delay in seeking it because of something you have read on this Website.  Always consult with a qualified health care professional before embarking on a new treatment, diet, or fitness program.  Information obtained on this Website is not exhaustive and does not cover all diseases, ailments, physical conditions, or their treatment.  None of the content on this Website represents or warrants that any particular device, procedure, or treatment is safe, appropriate, or effective for you.  To the extent that this Website provides any explicit or implied recommendation of any particular product or service, such recommendation is only a general recommendation that is not specific to any particular person or illness and is for informational purposes only.

By accessing or using this Website, you acknowledge and agree that you are solely responsible for your own health decisions.  Any statements or claims about the possible health benefits conferred by any foods or supplements have not been evaluated by the Food & Drug Administration (FDA) and are not intended to diagnose, treat, cure, prevent, or reverse any disease.  Any and all products, recipes, or resources recommended are (i) for informational purposes only; (ii) have not been evaluated or approved by the FDA, the American Medical Association (AMA), or any other federal, state, local, or private agency; (iii) are not intended to diagnose, treat, cure, prevent, or reverse any disease.  If you are ill, have any disease, are pregnant, or attempting to improve your health, you acknowledge and agree that all recommendations provided through this Website and its contents is for informational purposes only and in no way whatsoever represents or substitutes any medical advice.  

Any tools or calculators provided on this Website are provided for general and illustrative purposes only.  Such tools and/or calculators are not medical advice nor are they intended to be a substitute therefor.  You should not act or abstain from acting based on any information provided by any such tool or calculator available on this Website.

Your use of or reliance on any information on this Website is solely at your own risk.  Mishan Zia Wellness makes no representation or warranty, express or implied, and assumes no responsibility or legal liability for the accuracy, completeness, timeliness, or quality of any information on this Website.  We reserve the right to withdraw or amend this Website and its Content in our sole discretion without notice.

No Physician-Patient Relationship

The presentation of general information on this Website does not establish a physician-patient or coach-client relationship between you and the Owner and is not intended as a solicitation of individuals to become patients or clients of the Owner.  

Changes to Website and Terms

The Owner may revise these Terms at any time by updating this posting.  Use of this Website after such changes are posted will signify your acceptance of these revised Terms.  You should review these Terms of Use and our Privacy Policy every time you visit or use this Website.

Eligibility

The Website is intended for use by adults who are 18 years of age or older.  By accessing or using this Website, you represent and warrant that you are at least 18 years of age.  If you are under the age of 18, please do not attempt to register with us at the Website or provide any personal information about yourself to us.  If we learn that we have collected personal information from a child under the age of 18, we will promptly make a good faith attempt to locate, isolate, and delete that information.  If you are a parent or guardian of a child under the age of 18 and believe he or she has disclosed personal information to us, please contact hello[at]mishanziawellness.com. 

Use of the Website

Mishan Zia Wellness is based in the United States (U.S.) and this Website is intended only for use by individuals in the U.S. and is not targeted to non-U.S. residents.  The Owner authorizes you to access and use this Website for your personal noncommercial use in the United States (U.S.) in accordance with the terms and conditions of these Terms.  Those who choose to access or use this Website from other locations do so on their own initiative and at their own risk and are responsible for compliance with all applicable laws, rules, and regulations in their respective location in doing so.  By submitting your personally identifiable information on this Website, you consent to the transfer to and processing of such data in the U.S.  This Website is not intended to subject Mishan Zia Wellness to any non-U.S. jurisdiction or law.

Intellectual Property Ownership

Subject to your compliance with these Terms, Mishan Zia Wellness, LLC grants you a nonexclusive, personal, non transferable, revocable, and limited license to view the Content of this Website.  The materials on this Website, including all website design, text, icons, graphics, information, trademarks, service marks, trade names, photographs, images, videos, testimonials, content or other materials displayed on or that can downloaded from this Website, belong to us or a third party licensor to us and are protected by U.S. and international copyright and other intellectual property laws.  All rights, titles, and interests in and to this Website, including all Content, and all intellectual property rights, including all copyright, trademark, patent, and trade secret rights therein will remain with Mishan Zia Wellness and our licensors, partners, contributors, and vendors, and no ownership interest is transferred to you or any other entity by virtue of making the Content available on this Website or granting foregoing licenses.

Limited License

Subject to the Terms of Use, you are hereby granted a limited, non-transferable, and non-exclusive license to access, view, and use this Website and its Content for your personal, non-commercial use.  You are granted the right to download, store, and/or print single copies of items comprising the Content for your personal, non-commercial use, provided that you maintain all copyright, trademark, and other proprietary notices contained in such Content.  You may not copy and/or repost items comprising the Content online.  You may not publish or broadcast material from this Website without our prior written permission.  You may not modify the information or Content on this Website in any way.  You may not reproduce or publicly display, perform, or distribute or otherwise use any materials or Content on this Website for any public or commercial purpose.  You may not remove, obscure, or otherwise deface proprietary notices appearing on any Content, including copyright, trademark, or other intellectual property notices. You must also abide by any additional requirements governing the use of any specific Content that may be set out in the Website. You agree to not use this Website in any way not permitted by these Terms of Use.  

Copyright

The Content of this Website is protected by copyright law and is owned by the Owner and its licensors, or the party accredited as the provider of the Content.  Except as granted in the limited license herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Website or of its Content, whether in whole or in part, is prohibited without the express prior written consent of the Owner.


Trademarks

All trademarks, logos, and service marks displayed on this Website are the property of Mishan Zia Wellness or the property of third parties (“Marks”).  Other names, words, titles, phrases, logos, designs, graphics, icons, and trademarks displayed on this Website may constitute registered or unregistered trademarks of the Owner or third parties.  While certain trademarks of third parties may be used by the Owner under license, the display of third party trademarks on this Website should not be taken to imply any relationship or license between the Owner and the owner of the trademark or to imply that the Owner endorses the wares, services, or business of the owner of the said trademark.  You are not permitted to use these Marks without Mishan Zia Wellness’s prior written consent.  

Links to Other Websites

This Website contains links to other websites operated by third parties.  Such third party websites are not under the control of Mishan Zia Wellness.  Mishan Zia Wellness is not responsible for the content of any third party website or any link contained in a third party website.  We provide these links only as a convenience and we do not review, approve, monitor, endorse, warrant, or make any representations with respect to third party websites.  If you decide to access any of the third party websites linked through or on this Website, you do this entirely at your own risk.  We do not generally provide a warning that you are leaving our Website.  Third party websites are subject to their own terms and policies, including privacy and data gathering practices.

Security

Any information sent or received over the Internet is generally not secure.  The Owner cannot guarantee the security or confidentiality of any communication to or from this Website.

Confidentiality

As used in these Terms of Use, your confidential information means non-public information that you provide to us that you reasonably expect us to keep secret, including your personal information (i.e. you name and email address), but does not include information that (i) becomes generally available to the public other than an unauthorized disclosure by us; (ii) was or becomes available to us on a non-confidential basis prior to your discloser of the information to us; (iii) is independently developed by us without using your confidential information; or (iv) information we are required to disclose by a warrant, subpoena, or other request in an investigation or legal proceeding or where disclosure is necessary to protect the rights or property of Mishan Zia Wellness.  We are entitled to rely on the accuracy of all information provided by you to us.  You agree to promptly inform us of any such incorrect information and bear the reasonable cost of correction.  You acknowledge your responsibility to verify reports or compilations provided by you to us.  You will have the sole responsibility and liability for the adequacy, completeness, accuracy or information, documents, and records of or relating to you provided by you to us, and you acknowledge that we are entitled to rely upon and act in accordance with any instructions, guidelines, or information provided by you to us.

Disclaimer of Warranties

There is no warranty on this Website or any of its Content.  This Website and its Content are provided on an “as is” and “as available” basis without warranties of any kind.  To the fullest extent possible pursuant to applicable law, the Owner disclaims all warranties, express, implied, or statutory, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.  Without limiting the foregoing, we do not represent or warrant that this Website will be available at any particular time or location or that its operation will be continuous, uninterrupted, error free, or secure.  We do not represent or warrant that the Content of this Website is free of viruses, worms, or other code that may manifest contaminating or destructive properties.  The operation of the Website may be interfered with by numerous factors outside of our control.  You are responsible for protecting yourself by installing, updating, and running anti-virus programs.  While the Owner endeavors to provide information that is correct, accurate, current, and timely, the Owner makes no representations, warranties, or covenants, express or implied, regarding the Website and Content including, without limitation, no representation, warranty, or covenant that (i) the Content contained in or made available through this Website or any item(s) made available on or through this Website will be of merchantable quality and/or fit for a particular purpose; (ii) this Website or Content will be accurate, complete, current, reliable, timely, or suitable for any particular purpose; (iii) that the operation of this Website will be uninterrupted or error-free; (iv) that defects of errors in this Website of the Content, be it human or computer errors, will be corrected; (v) that this Website will be free from viruses or harmful components; and (vi) that communications to or from this Website will be secure and/or not intercepted.  Some jurisdictions do not permit the exclusion of certain warranties, so these exclusions may not apply to you, and your use of this Website is at your own risk.  

You acknowledge and agree that your access and use of this Website and the Content is entirely at your own risk and liability. 

You release us and hereby hold us and our affiliates, agents, directors, managers, members, officers, employees, content providers, attorney, and agents, harmless from any and all claims, demands, and damages (actual, consequential, and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, whether or not suit in instituted, arising out of or in any way related to this Website or its Content, or your use hereof or activities hereon.

Limitation of Liability

In no event shall the Owner or any affiliates be liable for damages of any kind, including, without limitation, any direct, special, indirect, punitive, incidental, or consequential damages including, without limitation, any loss or damages in the nature or, or relating to, lost business, medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper treatment, or any other loss incurred in connection with your use, misuse, or reliance upon this Website or its Content, or your inability to use the Website, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise.  The foregoing limitation shall apply even if the Owner knew of or ought to have known of the possibility of such damages.

To the fullest extent possible pursuant to applicable law, the Owner expressly disclaims any and all liability for the acts, omissions, and conduct of any third-party user of the Website, or any advertiser or sponsor of the Website (“third-party”).  Under no circumstances shall the Owner or any affiliate entities be liable for any injury, loss, damage (including direct, special, indirect, punitive, incidental, or consequential damages), or expense arising in any manner whatsoever from (i) the acts, omissions, or conduct of any third-party; and (ii) any access, use, reliance upon, or inability to use any materials, content, goods, or services located at, or made available at, any website linked to or from the Website, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise.  The foregoing limitation shall apply even if the Owner knew of or ought to have known of the possibility of such damages.

The limitations of liability provided in these Terms of Use inure to the benefit of us, our affiliates, and to all of our respective officers, managers, members, directors, employees, attorneys, and agents.

Some states do not allow the limitation of liability set forth above, so this limitation of liability may not apply to you.  If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of this Website and/or its affiliates under such circumstances for liabilities that otherwise would have been limited will not exceed ten dollars ($10.00) U.S. dollars.

Indemnity

You agree to indemnify, defend, and hold harmless the Owner and any affiliate entities from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from (i) your breach of any of the terms and conditions of these Terms; (ii) your access to, use, misuse, reliance upon, or inability to access or use the Website, the Content, or any website to which this Website is or may be linked to from time to time or; (iii) your use of, reliance upon, publication, communication, distribution, uploading, or downloading of anything (including the Content) on or from this Website.

Governing Law and Jurisdiction

The Owner of this Website is based in the United States (U.S.), and we make no claims that we or our Content is appropriate or may be legally accessed, used, or downloaded outside of the U.S.  Mishan Zia Wellness makes no representations that the information or Content on or linked through this Website are appropriate or available for use in other locations.  By accessing or visiting this Website, you agree that all matters relating to your access or use of this Website and its Content shall be governed by the internal substantive laws of the State of California, without regard to conflicts of laws principles and shall not be governed by the United Nations Convention on the International Sale of Goods or the laws of any other jurisdiction, state, or country.  You agree and hereby submit to the exclusive and preferential jurisdiction of the courts of the State of California with respect to all matters relating to your access and use of this Website and the Content as well as any dispute that may arise therefrom and that applicable law be the law of the State of California and of the United States.  We retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.  Before seeking any legal action for any harm you believe you have suffered arising from or related to your use of this Website, you agree to inform Mishan Zia Wellness in writing and give us thirty (30) days to cure the harm before initiating any action.  You must indicate any cause of action within one (1) year after the claim has arisen, or you will be barred from pursuing any cause of action.

Arbitration

Any controversy or claim (“Claim”) you have arising out of or relating to these Terms of Use shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes.  Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative or, a class.  The arbitration shall be held in Alameda County, California.  All submissions to the arbitrator, the proceedings, and the award shall be confidential.  The arbitration shall be conducted on an expedited basis with minimal discovery.  The arbitrator’s award shall be final and binding.

No Class Actions

You agree to bring any claim or cause of action arising under or related to these Terms of Use, this Website, or any dispute with Mishan Zia Wellness in your individual capacity, and not as a member or representative of any class or collective action.

Severability

If any provision in these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.  

Termination

The Owner reserves the right, in its sole discretion, cancel or terminate your right to use the Website, or any part of the Website, for any reason, at any time without notice.  In the event of termination, you are no longer authorized to access this Website, or the part of the Website affected by such cancellation or termination.  The restrictions imposed on you with respect to material downloaded from the Website and the disclaimers and limitations of liabilities set forth in these Terms, shall survive termination of these Terms.  The Owner shall not be liable to any party for such termination.  We may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of this Website.

Communication & Notices

You agree that we may communicate with you through any and all contact information and methods you provide to us, including but not limited to electronic email.  We may deliver notices to you by a general notice on this Website, a social media account or similar platform, or by electronic mail to your email address provided to us on record.

This Website is operated by Mishan Zia Wellness, LLC.

All questions or communications relating to this Website should be directed to hello[at]mishanziawellness.com.

Entire Agreement

These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and the Owner relating to your access and use of this Website, superseding any other agreement between you and Mishan Zia Wellness with respect to such subject matter.  You may not assign rights or obligations under these Terms without Mishan Zia Wellness’s prior written consent.  Mishan Zia Wellness may assign part or all of these Terms.  All sections of these Terms which by their nature are designed to survive expiration or termination of these Terms will survive.  No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.