Terms of Use | EQUELLE

TERMS OF USE

Last modified: December 23rd, 2025

Please read these terms carefully before using this website. These terms govern your access to and use of any website that is owned or controlled by Bonafide Health, LLC (“Company”) and that posts a link to these Terms of Use (collectively, the “Sites,” and individually, a “Site”). Your use of this website is your acceptance of these terms, and the privacy policy, found at Privacy Policy, incorporated herein by reference.  Your access to and use of the Site or purchase of products from the Site is also subject, if applicable, to the following additional terms: the Individual Purchaser Terms and Conditions for Equelle, Consumer Health Data Privacy Policy, and Loyalty Program Terms and Conditions for Equelle (together with these Terms of Use, the “Terms”).

We make no representation that content, materials or information made available on or accessed through the Site are appropriate or available for use outside of the United States, and access to them from territories where their contents are illegal is prohibited. We reserve the right to limit the availability of the Site or any portion of the Site, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide, and to offer different products or prices based on geographic area.  If you access the Site from outside of the United States you do so at your own risk and are responsible for compliance with all applicable laws, including without limitation export and import regulations and intellectual property laws of the Unites States and other countries.  Any diversion of the Site and/or any materials obtained from or through the Site contrary to the laws of the United States or any other jurisdiction is prohibited.

These Terms are the entire agreement between the Company and you with respect to the use of this Site and supersede all other understandings, whether oral or written with respect to the Site and its contents. In the event of any conflict between these Terms and any agreement or understanding related to the Site, the Terms shall control. The Company reserves the right to modify these Terms at any time without prior notice or liability to you. All changes are effective immediately when we post them, and apply to all access and use of the Site thereafter. Continued use of this Site by you constitutes your acceptance of any revisions to these Terms and agreement to be bound by these Terms. Please check this page regularly so you are aware of any changes, as they are binding on you.

We reserve the right to amend this Site, and any service we provide on the Site without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You may use the Site only for lawful purposes, and if you are at least 18 years old, and in accordance with these Terms. You agree not to use the Site in any way that violates any applicable federal, state, local, or international law or regulation, to transmit any advertising or promotional material, to impersonate the Company, an employee, or another user of the Site, to use the Site in any way that could disable, overburden, damage or impair the Site or interfere with any party’s use of the Site, or to introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

THIS SITE DOES NOT PROVIDE MEDICAL ADVICE

The content and information provided by this Site is for informational purposes only, and does not necessarily include complete descriptions of every product, use, or contraindication for use, nor does it cover all health issues.  Therefore, never use or rely on any information on the Site in place of a consultation with your doctor or other health care provider.

WE MAKE NO MEDICAL CLAIMS AS TO THE BENEFITS OF ANY PRODUCTS, SERVICES, OR CONTENT PRESENTED, OFFERED OR REPRESENTED IN ANY WAY AND NO CONETN IS INTENDED TO PRESCRIBE OR BE TAKEN AS MEDICAL ADVICE.

You expressly agree that the Site does not provide medical advice and that the Site is not a means for Company to provide you medical advice.  The content and information presented to you through the Site has not been evaluated by the Food and Drug Administration. And is not intended to be and should not be used in place of (a) the advice of your doctor or other healthcare providers, (b) a visit, call, or consultation with your doctor of other healthcare providers, or (c) information contained on or in any product packaging or label.  If you have any health related questions or if you have an emergency, please contact your doctor or other healthcare provider promptly or seek assistance by dialing 911.  You should never disregard medical advice or delay seeking medical advice because of any content or information presented to you through the Site, and you should not use the Site for diagnosing of treating a health problem.  Your use of the Site does not constitute or create a doctor-patient, therapist-patient, or other healthcare professional relationship between you and us. 

We do not recommend self-management of health problems nor do we endorse any particular type of medical treatment. The information and content provided by the Site, including any and all content pertaining to general nutrition, fitness, conditions, and health, is not a substitute for medical advice and nothing contained on the Site or in a response to your inquiries or questionnaires is intended to be a medical diagnosis or treatment plan.

ADVANCE CONSULTATION WITH YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER IS PARTICULARLY IMPORTANT FOR ANYONE PREGNANT, BREASTFEEDING OR WITH HEALTH PROBLEMS.  NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ, LISTENED TO OR WATCHED ON OR ACCESSED THROUGH THE SITE.

We assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services, or other material on the Site. While we strive to keep the information on the Site accurate, complete, and up-to-date, we do not give any assurances, and will not be responsible for any damage or loss related to the accuracy, completeness or timeliness of the information.

WE ARE NOT RESPONSIBLE FOR ANY ADVERSE REACTION FROM USING THE PRODUCTS OR TO ANY INGREDIENT CONTAINED IN THE PRODUCTS.  PLEASE CHECK THE LIST OF INGREDIENTS FOR ANY KNOWN SENSITIVITIES OR ALLERGIES YOU HAVE.  PURCHASERS SHOULD CONTACT SUPPORT BEFORE BUYING IF PURCHASER HAS ANY QUESTIONS.   IF YOU HAVE A SENSITIVITY OR ALLERGY TO ANY INGREDIENT(S) IDENTIFIED DO NOT USE THE PRODUCT.  WHEN IN DOUBT PLEASE CONSULT YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER.

WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, MEDICAL OPINIONS, COURSE OF TREATMENT OR THERAPY.  YOU SHOULD ALWAYS CONSULT YOUR OWN PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL PROVIDER CONCERNING YOUR PARTICULAR CIRCUMSTANCES AND NEEDS AND NOT RELY ON THE SITE OR THE CONTENT.

You may contact us with general questions regarding our products, but do not send us any specific medical, therapeutic or treatment questions.

INTELLECTUAL PROPERTY

Material on this Site, including but not limited to the Company name and logo, the Company’s products’ marks, designs, and slogans, and all related images and descriptions, is protected under United States and International copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws and is the property of the Company, its licensors or other providers of such material. All rights in this material are reserved. These Terms permit you to use the Site for your personal, non-commercial use only. The information and images presented here may not under any circumstances be reproduced or used without prior written permission. Any act to reproduce, republish, upload/download, post, store, transmit, distribute, modify, create derivative works of, or publicly display/perform material from this Site without the written permission of the Company will constitute an act of infringement of one or more intellectual property rights owned by the Company. Notwithstanding the foregoing, you may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution. However, you may not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Site. No right, title or interest in or to the Site or its content is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

REPORTING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY VIOLATIONS

You may not use the Site for any purpose or in any manner that infringes the rights of any third party. We encourage you to report any content on the Site that you believe infringes your rights. If you have a good faith belief that content on a Site infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.

In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), We have a designated agent for receiving notices of copyright infringement and we follow the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent (whose contact information is set forth below) the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and a description of where to locate the material; (d) your contact information; (e) a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe that any content on a Site contains content that violates your rights other than copyrights, please provide us with the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) your contact information.

If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent:  (a) Your physical or electronic signature; (b) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (c) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (e) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Please send your notice of claims of copyright infringement or alleged violation of rights other than copyrights to our copyright agent, who can be reached as follows:

Mailing Address: 500 Mamaroneck Avenue, Suite 510, Harrison NY 10528

E-mail Address: legal@bonafidehealth.com

USER CONTRIBUTIONS

The Site contains an interactive feature that allows users to post, submit, publish, display or transmit to other users or other persons information, messages, text, files, images, photos, videos or other content or materials (collectively, “Content”) on or through the Site (collectively, “Site Content”).  In addition, the Site contains links to certain of the Company’s social media pages (collectively, “Social Media”), through which users may post, submit, publish, display or transmit Content (collectively, “Social Media Content,” and together with the Site Content, “Submissions”). 

All Submissions must comply with these Terms, and all applicable federal, state, local and international laws and regulations. All Submissions will be considered non-confidential and non-proprietary. By making a Submission, you grant, and you represent and warrant that you have the right to grant the Company, its affiliates, and each of our respective successors and assigns the non-exclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, translate, publish, perform, display, distribute, transmit and otherwise disclose to third parties any such Submission in any manner, for any purpose, and in any form of media, whether now known or hereafter developed.  This means that your Submission may be used on the Site, on any of the Company’s Social Media, and/or on other Company marketing materials, without further notice or compensation to you, subject to our Privacy Policy. 

In addition to, and without limiting the foregoing, by making a Submission, you also grant, and you represent and warrant that you have the right to grant the Company, its affiliates and each of our respective successors and assigns the non-exclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicenseable right and license to use your name, social media user name/ handle/ identification, profile picture, image, likeness, comments, posts, statements and other information related to, and solely in connection with, your Submission in accordance with the foregoing paragraph.

Further, you irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials that you may have with respect to the Submission under any applicable law or legal theory.  Subject to the foregoing and the licenses granted in these Terms, you retain ownership of any copyrights and rights of publicity you may have in your Submissions.

Submissions may not: 

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

You understand and acknowledge that you are responsible for any Submissions that you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. You represent and warrant that you own or otherwise control all rights in and to any Submissions, and that our publication use of your Submission will not infringe or violate the rights of any third party. We are not responsible, or liable to any third party, whatsoever, for any Submission made by you or any other user of the Site or Social Media.  Accordingly, the Company will not be responsible or liable for any damages resulting from the use (including without limitation, re-publication) or misuse of any Submission by any third party, including but not limited to, for any errors or omissions in any Submission, or for any loss or damage of any kind incurred as a result of the publication or use of any Submission posted, emailed, transmitted, or otherwise made available in connection with the Site.

We have the right to (without notice or liability):

  • Remove or refuse to post any Submissions for any or no reason in our sole discretion.
  • Take any action with respect to any Submissions that we deem necessary or appropriate in our sole discretion, including if we believe that such Submissions violate the Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, could create liability for the Company, or violates regulations implemented by the US Food and Drug Administration, the US Federal Trade Commission, or any other governmental agency.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
  • Terminate or suspend your access to all or part of the Site for any reason, including without limitation for violation of these Terms.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the site or Social Media. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

The foregoing does not apply to any personal information submitted to us through the Site, the use of which is governed by the Site’s Privacy Policy.

You are solely responsible for your interaction with other users of the Site, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users.

CLAIMS

The Company reserves the right to demand changes to third party websites to the extent statements are made on said websites about the Company’s products in any manner that violates regulations implemented by the U.S. Food and Drug Administration, the U.S. Federal Trade Commission, or the regulations implemented by any other federal or state agency.

REGISTRATION AND PASSWORDS

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You also agree to ensure that you exit from your account at the end of each session. 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. We may disable any account at any time if, in our opinion, you have violated any provision of these Terms.

Registration is required to establish an account.  Upon registration you will be considered a “Registered User”.  By registering you will be indicating your acceptance of these Terms as specified by us in order to establish an account.  You must be a resident of the United States and age 18 or older and over the age of majority in your state in order to establish an account. 

By registering, you represent and warrant to us that: (a) all information provided by you to us during the registration process is truthful, accurate and complete; (b) you will comply with all terms and conditions of these Terms; and (c) you will not use the Site, any of the Content or any other content, materials or information obtained from the Site, for any purpose that is unlawful or prohibited by these Terms of Use.

As a Registered User, you agree to maintain and promptly update your registration data as necessary to keep it true, accurate, current and complete.  We may terminate your access to the Site (or portions thereof) without prior notice or liability if any of the information provided is found to be inaccurate, false, out of date or incomplete, or for violating these Terms or the law.

As part of the registration process, you are required to select and use a password.  As a Registered User, you acknowledge that you are solely responsible for all activities that occur under your password or account while using the Site.  You are responsible for maintaining the security and confidentiality of your password and monitoring and controlling access to your account.  You agree to notify us immediately of any unauthorized use of any account or password, or any other known or suspected breach of security. You may be held liable for losses incurred by us or any other user of or visitor to the Site due to someone else using your password or account as a result of your failing to keep your account information secure and confidential.

If you are a Registered User, you may deactivate your account at any time by contacting us at support@uqora.com, hello@equelle.com, or support@hellobonafide.com, as applicable.  Even if a user deactivates his/her account, some information previously posted or otherwise uploaded may still be accessible by third parties.  We are not responsible for the continued accessibility of the information posted or uploaded by a Registered User prior to the deactivation of his/her account.  You may re-activate your account by contacting us at support@uqora.com hello@equelle.com, support@hellobonafide.com, as applicable.

THIRD-PARTY WEBSITES

This Site may contain links to other Internet websites (“third-party websites”) that are not maintained by the Company. These links are provided solely for your convenience. The Company makes no warranties or representations about the content of any products or services offered by, or the intellectual property compliance of, such third-party websites. The Company recommends you take the time to read the privacy policies and user agreements of any third-party website. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

SMS/MMS MOBILE MESSAGE MARKETING 

The Site may offer features and services that are available to you via your mobile phone or other mobile device. These features and services may include, without limitation, the ability to view Site content, upload content to the Site, receive SMS or MMS messages from the Site, download applications to your mobile phone or access other content (collectively, the “Mobile Features”). Standard messaging, data and other fees may be charged by your carrier. As applicable, instructions regarding how to opt-out of Mobile Features will be disclosed in connection with Mobile Features. 

The Mobile Features for which you are registered may send communications to your mobile device regarding Company or a Company brand or product for which you signed up.  

Text Message Program Terms 

We offer our customers mobile alerts about orders and shipping updates and other marketing messages about events, new products or other offers by SMS message, as well as the opportunity to text questions or other support needs comments to our Consumer Success team (the "Mobile Services").  By participating in these Mobile Services, you are agreeing to these Terms, including these Text Message Program Terms, and to the Privacy Policy.   

We may modify or cancel any of the Mobile Services or any of their respective features without notice. To the extent permitted by applicable law, we may also modify these Text Message Program Terms, at any time and your continued use of the Mobile Service following the effective date of any such changes shall constitute your acceptance of such changes. 

By signing up/opting in to use our Mobile Services, you confirm that you are the subscriber to the mobile phone number you provided or that you are the customary user of that number on a family or business plan and that you are authorized to signup/opt in and agree to receive recurring SMS/text messages from and on behalf of us through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, information, back in stock, and abandon cart (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, social updates, products, education, and other marketing offers (e.g., cart reminders). 

Before any Mobile Service will start, you will need to verify the mobile phone number you provided by responding to a text message to your mobile phone that affirms your choice to opt-in to our Mobile Services and your agreement to these Terms.  By proceeding to opt-in, you agree to receive recurring automated promotional and personalized marketing text messages from us, including text messages that may be sent using an automatic telephone dialing system, to the mobile technology number you provided when signing up or any other number you designate.

You understand that you do not have to sign up for any of the Mobile Services in order to make any purchases, and your consent is not a condition of any purchase with us.  

Your participation in this program is completely voluntary. 

We do not charge you for the Mobile Services, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.  We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. 

You may opt-out of the respective Mobile Services at any time. Text the single keyword command STOP to the relevant Company telephone number at any time to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device from that number, unless initiated by you. If you have subscribed to other Company mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. 

For Service support or assistance, text HELP to 833-254-5070 for Uqora; 844-935-2722 for Equelle; or 415-319-9551 for Bonafide or call 833-266-2343 for Bonafide or 888-313-1372 for Uqora regarding text messages from our Consumer Success team or email support@uqora.com, hello@equelle.com; support@hellobonafide.com, as applicable. 

We may change any short code or telephone number we use to operate the Mobile Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received, and we shall not be responsible for honoring requests made in such messages. 

Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas.  Neither us nor the wireless carriers supported by the Mobile Service are liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you agree to notify us by communicating with our Contact Center. 

To the extent permitted by applicable law, you agree that we shall not be liable for failed, delayed, or misdirected delivery of any information sent through the Mobile Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Mobile Service. 

DISCLAIMER OF WARRANTIES

The content and materials on this Site are provided “as is” and without representations or warranties of any kind, either express or implied. The Company does not warrant the accuracy, security, reliability, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The Company expressly disclaims all warranties, express or implied, with respect to this Site including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company does not warrant or represent that the functions or operation of this Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or its servers are free of viruses or other harmful components. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or any website linked to it. You use this Site at your own risk. Because some states do not allow a disclaimer of warranties, the foregoing disclaimer may not apply to you.

You understand that by using the Site you act at your own risk, and you represent and warrant that your activities are lawful in the jurisdiction(s) where you access or use the Site and/or services. We neither endorse nor are responsible for any opinion, advice, information, statement, or user content made or displayed on the site by third parties (including any user of the Site) and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from such content obtained on or through the Site. Please remember that it is your responsibility to evaluate the accuracy and reliability of any opinion, advice, information or statement available on the site and/or services. A possibility exists that the Site and/or services could include inaccuracies or errors. Additionally, a possibility exists that unauthorized alterations could be made to the site by third parties. Although we attempt to ensure the integrity of the site, we make no guarantees as to the site's completeness or correctness.

LIMITATION OF LIABILITY

The Company, its affiliates, licensors, service providers, employees, agents, officers, and directors shall not be liable for any injury, loss, claim, or damage of any kind, including, without limitation any direct, indirect, special, incidental, or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, which arises out of the use of, or inability to use, this Site or the content found on this Site, including user content, any websites linked to it, or any action taken by the Company related to maintaining, reviewing, or investigating the Site, even if the Company has been advised of the possibility of such damages. Because some states do not allow a limitation of liability for certain damages, the foregoing limitations may not apply to you.

Your sole remedy for dissatisfaction with any portion of the Site is to stop using the Site, and our sole and exclusive maximum aggregate liability for all damages, losses, and causes of action (whether in contract, tort (including negligence), or otherwise) shall be the greater of ten dollars ($10.00) or the total amount received by us as a result of your use of the site.

You agree that in the event you incur any damages, losses or injuries that arise out of our acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of the Site or any property, product, service, or other Site content owned or controlled by us, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of the site or any property, product, service, or other site content owned or controlled by us.

INDEMNIFICATION

You agree to indemnify, defend, and hold us harmless from and against any and all claims, demands, damages, losses, costs, investigations, liabilities, judgments, settlements, attorneys' fees, and other expenses that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your breach or anticipatory breach of these Terms; (b) your use of the Site or activities in connection with the Site; (c) your Submissions; (d) your violation of any law, rule, regulation, code, statute, ordinance or order of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) our use of your information as permitted under these Terms, the Privacy Policy, or any other written agreement between you and us. You will cooperate as fully required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

PLEASE READ THE FOLLOWING TWO SECTIONS CAREFULLY. THEY AFFECT YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND DISCOVERY PROCEDURES AND APPELLATE RIGHTS ARE MORE LIMITED THAN IN COURT.

Informal DISPUTE RESOLUTION.

In the event of any disputes, actions, or claims between you and Company (a “Dispute”), you and Company agree to attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve the Dispute informally.  As between you and Company, the party claiming a Dispute (the “Claiming Party”) must send to the other a notice of dispute (“Notice of Dispute”), which is a written statement that sets forth the name, physical address, email address, and other contact information of the Claiming Party giving the notice, detailed factual information sufficient to evaluate the merits of the Claiming Party’s individualized claim (including the date of the incident and, if known and relevant to the claim, your internet protocol address or similar online identifier), and if a product is involved, the product name, lot number, purchase price and date of purchase) and the specific relief sought, including whatever amount of money (if any) is demanded and the means by which the Claiming Party calculated any amount of money demanded.  If you are the Claiming Party,  you must send any Notice of Dispute to Bonafide Health, LLC, 500 Mamaroneck Avenue, Suite 510, Harrison, New York 10528 Attention: Legal Department, with a copy via email at legal@bonafidehealth.com. We will send any Notice of Dispute to you at the contact information we have for you.

You and Company shall attempt to resolve the Dispute through informal communications and/or negotiation within sixty (60) days beginning from the date the Notice of Dispute is sent (“Informal Negotiation”). During this Informal Negotiation you and Company agree to meet in person, telephonically, or via videoconference; that conference shall address only the Dispute (the “Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the Dispute Resolution Conference if we are given written notice at least 10 days prior to any such conference that your counsel will participate in the Dispute Resolution Conference. Regardless of whether or not your counsel participates, you must personally participate. Company shall participate in the Dispute Resolution Conference through one or more representatives, which may include our counsel. After the end of the sixty (60) day Informal Negotiation period and not before, and only after the completion of the Dispute Resolution Conference with respect to a Dispute, you or we may commence a proceeding in the appropriate forum. For Arbitrable Disputes (defined below), the appropriate forum is NAM, see NAM’s site at https://www.namadr.com/. For other Disputes, the appropriate forum is a state or federal court located in New York, New York. Alternatively, if you are the Claiming Party, you may litigate a Dispute in small claims court located in New York, New York if the Dispute meets the requirements to be heard in small claims court and you proceed only on an individual basis. However, nothing in this paragraph is intended to prohibit you and Company from engaging in informal communications to resolve the Claiming Party’s Dispute before, during, or after any Dispute Resolution Conference or filing in small claims court.

ARBITRATION AND WAIVER OF CERTAIN RIGHTS

Disputes that Must Be Arbitrated. Except as specifically stated herein, any dispute, action, or claim relating to your interactions and communications with the Site (each, an “Arbitrable Dispute” and collectively, “Arbitrable Disputes” or “Claims”) not resolved informally shall be resolved exclusively by final binding arbitration, except that you may assert your Claim in small claims court in the county of your residence or in New York, New York, if your Claim qualifies. For avoidance of doubt, any dispute, action, or claim arising out of (1) your purchase, use, or enjoyment of a product sold by Company, or (2) the alleged infringement of your or Company’s intellectual property (such as trademarks, trade dress, copyright and patents) are not Arbitrable Disputes.

Binding Individual Arbitration. THE ARBITRATION PROCEEDINGS IN THIS SECTION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. Under no circumstances does Company consent to have any Arbitrable Disputes arbitrated using class action procedures, even if the arbitration provider has rules permitting class arbitrations.

If you, on one hand, and Company, on the other, do not resolve an Arbitrable Dispute by Informal Negotiation, the Arbitrable Dispute shall be resolved exclusively by final binding individual arbitration. The arbitration shall be conducted by NAM, https://www.namadr.com/, according to the U.S. Federal Arbitration Act (“FAA”) and federal arbitration law and according to NAM’s Comprehensive Dispute Resolution Rules and Procedures for Consumer Transactions (the “Rules”), as modified by these Terms. These Terms affect interstate commerce, and the enforceability of this section shall be substantively and procedurally governed by the FAA, 9 U.S.C. § 1, et seq., to the extent permitted by law.

You may initiate arbitration of any Arbitrable Dispute not resolved by Informal Negotiation by filing a Demand for Arbitration with NAM in accordance with the Rules. Instructions for filing a Demand for Arbitration are available at https://www.namadr.com/. You shall send a copy of any Demand for Arbitration to the following address: to Bonafide Health, LLC, 500 Mamaroneck Avenue, Suite 510, Harrison, New York 10528, Attention: Legal Department, with a copy via email at legal@bonafidehealth.com. You and Company are each giving up the right to have Arbitrable Disputes resolved in court before a judge and/or jury (except as stated otherwise in this Dispute Resolution and Arbitration section). All issues are for the arbitrator to decide, except that issues relating to the scope, interpretation, and enforceability of this Dispute Resolution and Arbitration section, including the arbitration and class action waiver provisions, are for the court where exclusive jurisdiction lies pursuant to these Terms to decide. The most current version of this Arbitration and Waiver of Certain Rights section in effect when any Arbitrable Dispute arises shall govern resolution of any Arbitrable Dispute. This Arbitration and Waiver of Certain Rights section shall survive termination of these Terms. Company shall send any Demand for Arbitration to the contact information we have for you. The arbitration shall be conducted by a single arbitrator. The arbitration shall be conducted in English.  The arbitrator shall be bound by these Terms.

Payment of all filing, administration, and arbitrator fees (“Arbitration Fees”) shall be governed by the Rules. You may commence arbitration only in your county of residence or in New York County, New York. The arbitration shall be conducted based on written submissions unless you request a phone or in-person hearing, or the arbitrator determines that a phone or in-person hearing is necessary. The arbitrator may only award those damages and relief as a court could, and must follow the terms set forth in this Arbitration and Waiver of Certain Rights section. An arbitration award, and any judgment confirming it, applies only to that specific arbitration; it cannot be used or offered as precedent in any other arbitration, litigation or case except to enforce the award itself. Any decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.

Delegation. Once an Arbitrable Dispute has commenced, all disputes arising out of or related to the interpretation or application of this Arbitration and Waiver of Certain Rights section, including the enforceability, revocability, scope, or validity of these Terms or any portion of the Arbitration and Waiver of Certain Rights section, shall be decided by the court.

Notice and Filing. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU OR COMPANY MUST START ARBITRATION OF AN ARBITRABLE DISPUTE WITHIN ONE (1) YEAR FROM WHEN THE ARBITRABLE DISPUTE FIRST AROSE, AND NOT WHEN IT WAS DISCOVERED. IF APPLICABLE LAW REQUIRES YOU OR COMPANY TO BRING A CLAIM FOR AN ARBITRABLE DISPUTE SOONER THAN ONE (1) YEAR AFTER THE DISPUTE FIRST AROSE, THAT SHORTER DEADLINE APPLIES INSTEAD. THE FAILURE TO BEGIN ARBITRATION REGARDING AN ARBITRABLE DISPUTE WITHIN THE TIME FRAMES DESCRIBED ABOVE IN THIS SECTION SHALL BAR THE ARBITRABLE DISPUTE, WHICH MEANS THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND COMPANY SHALL NOT HAVE THE RIGHT TO ASSERT THE ARBITRABLE DISPUTE IN ANY FORUM.

Coordinated Filings. If 25 or more Arbitrable Disputes are initiated with the arbitrator that raise similar Claims, and counsel for those asserting the Claims (“Claimants’ Counsel”) are the same or coordinated, these shall be considered collectively “Coordinated Cases,” and individually, a “Coordinated Case.” For Claims within Coordinated Cases, Company shall pay only its share of arbitration fees for Coordinated Cases; those asserting the Claims shall be responsible for their share of those fees as set by the Rules and NAM’s fee schedule for mass arbitrations. Applicable statutes of limitations shall be tolled for those asserting Claims who have provided compliant Notices of Dispute to Company.  Demands for arbitration in Coordinated Cases shall only be filed with the arbitration provider as permitted by the bellwether process set forth below, and Company shall not be required to pay any fees associated with cases or Claims that these Terms do not allow to be filed.

Once all Notices of Dispute have been provided to Company for Coordinated Cases, Claimants’ Counsel  and Company’s counsel shall confer in good faith regarding the number of cases that should proceed as bellwethers, to allow each side to test the merits of its arguments, before the remainder of Coordinated Cases may be filed with the arbitration provider. Any number chosen must be an even number so as to allow each side to designate half of the cases selected for bellwether arbitrations. If Claimants’ Counsel and Company’s counsel do not agree on the number of bellwether cases, the number shall be chosen by the arbitration provider. Once the number of bellwether cases is fixed, Claimants’ Counsel and counsel for Company shall each select half that number from among those asserting the Claim who have provided compliant Notices of Dispute, and only those chosen Coordinated Cases may be filed with the arbitration provider. If your Claim is among Coordinated Cases, resolution of your Claim might be delayed by this bellwether process. Nothing in this paragraph shall be construed to delay the resolution of uncoordinated Arbitrable Disputes based on Claims similar to those in Coordinated Cases. A single arbitrator shall preside over each Coordinated Case chosen for a bellwether proceeding, and only one Coordinated Case may be assigned to each arbitrator as part of a bellwether process unless Claimants’ Counsel and Company’s counsel agree otherwise.

Once all bellwether arbitrations have concluded (or sooner if Claimants’ Counsel and Company’s counsel agree), Company and Claimant’s Counsel for all remaining Coordinated Cases that were not chosen for a bellwether proceeding must make a good-faith effort to resolve all such remaining Coordinated Cases.  This good faith effort at resolution shall be via a single mediation of all remaining Coordinated Cases. The Coordinated Cases in the mediation shall pay half of the applicable mediation fee, and Company shall pay the other half. Claimants’ Counsel and Company’s counsel must agree on a mediator within thirty (30) days after the conclusion of the last bellwether arbitration. If Claimants’ Counsel and Company’s counsel cannot agree on a mediator within thirty (30) days, the arbitration provider shall appoint a mediator as an administrative matter.

If the mediation does not yield a global resolution of the Coordinated Cases, those asserting Claims in Coordinated Cases who provided compliant Notices of Dispute but whose Claims were not resolved in bellwether arbitrations or mediation shall no longer have the right to arbitrate their Arbitrable Dispute. Instead, exclusive jurisdiction over unresolved Claims by such claimants shall be in Supreme Court in New York County, New York or if federal jurisdiction exists, in the United States District Court for the Southern District of New York.  Nothing in this paragraph shall be construed as prohibiting either you or Company from removing a Claim filed in Supreme Court for New York County, New York to federal court for the United States District Court for the Southern District of New York if removal is allowed under applicable law. To the extent you are asserting the same or similar Claims as other persons and are represented by common or coordinated counsel, any objection by you that the joinder of all such persons is impracticable is waived by you. If a formerly Arbitrable Dispute is brought in court, it must be brought in a court where exclusive jurisdiction lies pursuant to these Terms, and subject to the provisions and limitations of the Class Action Waiver section, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases who provided compliant Notices of Dispute, and Company shall have the right to oppose class certification at any time on any available basis. The court where exclusive jurisdiction lies pursuant to these Terms shall have authority to enforce this bellwether process and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.

Continuation in Effect; Future Terms Changes; Injunctive Relief. The dispute resolution process set forth in this Arbitration and Waiver of Certain Rights section survives the termination of any other agreement between you and Company. Although Company may revise the Arbitration and Waiver of Certain Rights section in its discretion, Company does not have the right to alter this section, or the arbitration rules specified herein, with respect to any Arbitrable Dispute once that Notice of an Arbitrable Dispute has been delivered if such change would make arbitration procedures materially less favorable to the Claimant. The question of whether a change is materially less favorable to the Claimant shall be decided by the arbitration provider as a process matter.

The foregoing provisions of this Arbitration and Waiver of Certain Rights section do not apply to any legal action taken by Company to seek an injunction or other equitable relief in emergent circumstances in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Services and/or Company’s intellectual property rights, operations, and/or products or services.

Class Action Waiver. To the maximum extent permitted by applicable law, any dispute, action or claim not subject to the requirement to arbitrate (including, but not limited to, claims filed in small claims court and claims that are deemed not subject to the requirement to arbitrate) may not be aggregated together in a class action, except that (as set forth in the “Coordinated Filings” section  above) if a formerly Arbitrable Dispute is brought in a court with jurisdiction as provided herein, a Claimant may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases who provided compliant Notices of Dispute, and Company has the right to contest class certification at any stage of the litigation and on any available basis. Accordingly, except as provided in the prior sentence to the maximum extent permitted by applicable law, you and Company shall only bring disputes, actions or claims between you and Company in an individual capacity only and shall not:

  • seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (like private attorney general actions); or
  • consolidate or combine individual proceedings or permit another to do so without the express consent from you and Company. 

MISCELLANEOUS

Use of this Site is governed by and construed in accordance with the laws of the State of New York, and applicable federal law, without giving effect to any principles of conflicts of laws. Any failure or delay by the Company in enforcing any provision of the Terms will not be considered a waiver of such provision and will not prevent the Company from enforcing the provision at a later date. Should any provision of these Terms be held invalid, unlawful, or unenforceable, then the invalid, unlawful, or unenforceable provision will be deemed severed from the remaining provisions, and such invalid, unlawful, or unenforceable provision will not affect the validity or enforceability of the remaining provisions.

CONTACT INFORMATION

If you have any questions relating to the Site or these Terms, or if you would like to receive a copy of these Terms in an alternative format, please contact us by utilizing the information found under Contact within this Site’s footer or using other contact information found on the Site.