Terms of Use
Last Modified: August 9, 2024
Welcome to our website (“www.Particle31.com”). By accessing and using this Site, you agree to comply with and be bound by the following terms and conditions of use (“Terms of Use”), which together with our Privacy Policy govern our relationship with you in relation to this Site. If you disagree with any part of these Terms of Use, please do not use our Site.
1. Appropriate Usage: You commit to using the Site solely for lawful purposes, ensuring it doesn’t infringe on anyone else’s rights, impede their use, or cause harm. Any usage that may harm, disable, overload, or disrupt the Site or another user’s access is prohibited.
2. Intellectual Property Ownership: The Site’s content, comprising text, graphics, images, logos, and software, belongs to us or our licensors and is safeguarded by copyright, trademark, and intellectual property regulations. Reproduction, distribution, modification, creation of derivative works, public display, or transmission of Site materials strictly prohibited without our prior written consent.
3. Informational Disclaimer: The Site’s content serves informational purposes only and should not be taken as medical advice or a substitute for professional medical guidance. It is not intended to diagnose, treat, cure, or prevent any medical condition. Use the Site and its information at your own risk.
4. Limitation of Liability: We shall not be held liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising from or linked to Site use or its content. Your sole recourse is to cease using the Site.
5. Indemnification: You consent to indemnify, defend, and absolve us from any claims, actions, or demands, including reasonable legal and accounting fees, arising from your Site use or your breach of these Terms of Use.
6. Modifications to the Terms: These Terms of Use may be periodically amended and updated at our sole discretion. All modifications take effect immediately upon publication. Continued use of the Site post-revision implies acceptance and agreement with the changes.
7. Applicable Law: These Terms of Use are subject to interpretation under the laws of the State of Tennessee, with no consideration for choice-of-law or conflict-of-law provisions.
8. Dispute Resolution: APPLICABLE LAW PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. Except for disputes brought in small claims court, all disputes, claims, demands, or causes of action between you and Particle31 arising out of, relating to or in connection with the site or these Terms of Use shall be exclusively settled through binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) for commercial arbitration. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights. YOU AND PARTICLE31 AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Not withstanding any provision in these terms to the contrary, if the class-action waiver in the prior sentence is deemed invalid or unenforceable, however, neither you nor we are entitled to arbitration. These Terms of Use are subject to the Federal Arbitration Act. The arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding any provision in these terms to the contrary, we agree that if Particle31 makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice of to Particle31. Information on AAA and how to start arbitration can be found at adr.org or by calling 800-778-7879.
9. Complete Agreement: These Terms of Use constitute the entire agreement governing your use of the Site, replacing any prior agreements between you and us.
10. Contact Information: If you have inquiries or concerns regarding these Terms of Use, don’t hesitate to reach out to us at info@particle31.com