amd-u.com is an online educational and information service (the “Service“) provided by A Major Difference, Inc. (“Sponsor“). Throughout this Agreement, Sponsor may also be referred to as “we” or “us.” You and others accessing and using the amd-u.com website may be referred to in these Terms and Conditions as “You,” “User,” or, for those purchasing unlimited access to all of the Sponsor Content on the amd-u.com website, “Subscriber.” The term Subscriber is further defined below.
All use of the amd-u.com website is subject to the terms and conditions set forth in this User Agreement (this “Agreement” or these “Terms and Conditions”). By accessing and using this website you represent that you are at least 18 years old and that you agree to abide by these Terms and Conditions and by any guidelines, rules or disclaimers that may be posted and updated on specific web pages from time to time. If you do not agree to be bound by these Terms and Conditions, you are not permitted to use the amd-u.com website.
We reserve the right to change, modify, add to or remove portions of these Terms and Conditions, as we determine appropriate in the exercise of our sole discretion, at any time and without notice. Please check these Terms and Conditions periodically for modifications. Your continued use of the amd-u.com website following the posting of any changes will mean that you have accepted the changes.
Registration; Payment of Subscription Fees
To subscribe to the amd-u.com website, you must register with the Sponsor and pay the Sponsor the fees set forth herein. To register, you must select an email address and a password. You may also choose to provide Sponsor with certain personal information. You agree to keep your password confidential. You may change your password from time to time but you cannot change your email address. You will be required to log on each time you want to access all of the content on the amd-u.com website. To secure such access, you must be current in payment of your subscription fee.
The subscription fee is seventeen US Dollars ($17.00 USD) per month (“Subscription Fee”). The Subscription Fee will be billed to a credit card which you designate in the process of registering your email address and password. The Subscription will be billed to your credit card in monthly installments, commencing on the date you initiate the subscription. The Subscription Fee will automatically be charged to the credit card you have provided on the same day of each month thereafter until you cancel your subscription in the manner provided by the website. Following cancellation (in the manner provided above), your subscription will terminate immediately prior to the date upon which your credit card would have next been charged. A Subscription Fee charged to your credit card prior to cancellation of your subscription (in the manner provided above) is non-refundable.
Limited License and Restricted Use of the Service
For purposes of these Terms and Conditions, the term “Sponsor Content” means information entered into the amd-u.com website by Sponsor and its authorized agents and the term “Subscriber” means a User who has registered to purchase and who continues to pay for a subscription to unlimited and unrestricted access to Sponsor Content accessible on the amd-u.com website.
During the term of Subscriber’s subscription to the amd-u.com website, Sponsor grants Subscriber a non-exclusive, non-transferable license and unrestricted access to use of the amd-u.com website for the Subscription Fees and under the terms described in this Agreement. For each subscription, only one Subscriber at a time may access the amd-u.com website using the Subscriber’s email address, password and account. Users and Subscribers may only use the amd-u.com website for private, noncommercial purposes.
Subscribers may display, watch, download or print out information made available on the amd-u.com website for personal and educational use only. Educational use refers to classroom teaching, lectures, presentations, and other instructional activities, such as displaying, linking to, downloading, printing and making and distributing multiple copies of isolated materials in both print and electronic format. Subscriber will only display, distribute or otherwise make such images from the amd-u.com website available to persons attending in-person presentations, lectures or other similar instructional activities presented or given by Subscriber.
Users and Subscribers may not otherwise copy, transmit, assign, lend, sell or modify any materials from the amd-u.com website or modify or remove any proprietary notices contained therein, or create derivative works based on materials from the amd-u.com website. Sponsor reserves the right to terminate Subscriber’s subscription at any time if Subscriber downloads or prints out portions of the amd-u.com website in violation of these Terms and Conditions.
Ownership of Content on the amd-u.com Website
All of the amd-u.com website content is either the property of Sponsor or is licensed to Sponsor and is protected by copyright and other intellectual property law. User shall honor all requests by Sponsor to protect Sponsor’s proprietary interests in the amd-u.com website and its and its contributor’s proprietary interests in the Sponsor Content. By this limited license, no ownership or proprietary rights to Sponsor Content are transferred to User or to Subscriber.
Updates, Revisions and Technical Support
Sponsor has the right, but not the obligation, to add to, enhance, modify, revise, update and remove content on the amd-u.com website. Sponsor may, but is not obligated to, provide Users with technical support.
Other User Covenants
In addition to the other covenants of Users of the amd-u.com website set forth in these Terms and Conditions, Users agree to the following additional covenants and agreements.
Users will not upload or transmit any communications or content of any type that infringes or violates any rights of any third party.
Users will not use this site for any purpose in violation of local, state, national or international laws.
Users will not use this site as a means to distribute advertising or other unsolicited material to any third party.
Users will not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity, as we will determine in the exercise of our sole discretion.
Users will not impersonate another person or create any false amd-u.com account information or health record for themselves or others.
Users will not hold Sponsor, or any of its affiliates, subsidiaries or parent company liable for damages including (but not limited to) loss of wages, revenue or business because of any services related to or provided by this site. The sole and exclusive remedy for dissatisfaction with the services of this site will be to stop using the Service.
Users will indemnify Sponsor and any of its parent, subsidiary or affiliated companies or organizations, and any of its successors, assigns or licensees, together with any of their respective shareholders, members, directors managers, officers, employees and agents, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys’ fees and costs) arising out of a claim by a third party relating to use of the Service, or any breach or violation of this Agreement or any other term or condition relating to the Service.
Users agree to comply with all user responsibilities and obligations as stated in these Terms and Conditions.
Special FDA Disclaimer
STATEMENTS ON “amd-u.com” HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION (“FDA”). PRODUCTS WHICH SPONSOR SELLS ARE NOT INTENDED TO DIAGNOSE, PREVENT, TREAT, OR CURE ANY DISEASE. PLEASE CONSULT A QUALIFIED HEALTHCARE PRACTITIONER FOR MEDICAL ADVICE.
THE SERVICE AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICE, INCLUDING THE SPONSOR CONTENT, IS PROVIDED ON AN “AS IS” BASIS. THIS MEANS THAT THE INFORMATION CONTAINED ON THE “amd-u.com” WEBSITE OR PROVIDED THROUGH THE SERVICE IS INTENDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATION. SPONSOR HAS NOT VERIFIED THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED ON THE “amd-u.com” WEBSITE. ALL ACCESS TO THIS SITE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER.
This site and the Services are for consumer educational use only. Nothing contained in this site is or should be considered, or used as a substitute for, medical advice, diagnosis or treatment. The Services provided on this site are to be used solely to educate consumers on health care and medical issues that may affect their daily lives. This site and the Services do not constitute the practice of medicine or nursing and do not provide any medical, nursing or other professional health care advice, diagnosis or treatment.
Because the amd-u.com website is designed solely for educational purposes, you also agree that it does not (i) constitute “doing business” in any specific jurisdiction or soliciting business for us or any of our affiliated companies, subsidiaries or our parent company, or (ii) establish “minimum contacts” with any jurisdiction outside of the state of Colorado.
Sponsor advises you to always seek the advice of a physician or other qualified health care provider with any questions regarding your or others’ personal health or medical conditions. You should never disregard, avoid or delay seeking and obtaining medical advice from your doctor or other qualified health care provider because of something you have read on the amd-u.com website. If you have or suspect that you have a medical problem or condition, you are urged to contact a qualified health care professional immediately. If you are in the United States and are experiencing a medical emergency, please dial 911 or call for emergency medical help on the nearest telephone.
Sponsor does not warrant or guarantee that files available for downloading through the Service will be free of infections or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties.
Sponsor, and its content providers, cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. Users of the amd-u.com website are responsible for maintaining a means external to amd-u.com for the reconstruction of any lost data.
Sponsor, and its content providers, cannot and do not guarantee or warrant that the amd-u.com website is accessible from User’s/Subscriber’s device, including, without limitation, a mobile device, an iPad, a laptop and/or a personal computer. Subscriber access to the amd-u.com website is limited by numerous factors outside of Sponsor’s control, including, without limitation, problems with a device’s (including, without limitation a mobile device’s) operating system, web browsers, internet service providers, firewalls, computer or browser security settings, internet speeds, and the device being used. For these reasons, the Subscription Fee may be terminated in the manner provided above, but is not refundable.
Warranties and Limitations of Liability
SPONSOR CONTENT AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. SPONSOR DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICE OR THE amd-u.com amd-u.com WEBSITE. SPONSOR DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. WE MAKE NO WARRANTY OR GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
SPONSOR IS NOT LIABLE TO ANY USER OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY BASED ON RELIANCE UPON THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICE.
IN NO EVENT WILL SPONSOR BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR LOST GOODWILL, WHTTHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGRS ARE FORESEEN OR UNFORESEEN, WITH RESPECT TO ANY USE OF THE SPONSOR CONTENT OR THE SERVICES. USER AGREES THAT IF ANY DAMAGES OF WHATEVER KIND ARE ASSESSED AGAINST SPONSOR OR ANY OF ITS THIRD PARTY LICENSORS ARISING OUT OF OR RELATING TO USE OF THE SPONSOR CONTENT OR THE SERVICES, THEN THOSE DAMAGES SHALL NOT EXCEED THE TOTAL AMOUNT THE USER PAID TO SPONSOR FOR USE OF THE SPONSOR CONTENT OR THE SERVICES DURING THE PREVIOUS TWELVE (12) MONTH PERIOD.
Chat Rooms and Blogs
If you use the chat room and blog feature, you also agree to the following:
By posting any comments, posts or other material on the chat room and blog, you give Sponsor the irrevocable right to reproduce, distribute, publish, display, edit, modify, create derivative works from, and otherwise use your submission for any purpose in any form and on any media. You also agree that you will not:
- Post material that infringes on the rights of any third party, including intellectual property, privacy or publicity rights.
- Post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Sponsor in its sole discretion.
- Post advertisements or solicitations of business.
- Post chain letters or pyramid schemes.
- Impersonate another person.
- Allow any other person or entity to use your identification for posting or viewing comments.
- Post the same note more than once or “spam.”
Finally, you agree that you will indemnify Sponsor against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys’ fees and costs) arising out of a claim by a third party relating to any material you have posted.
Sponsor reserves the right (but is not obligated) to do any or all of the following:
- Remove communications that are abusive, illegal or disruptive, or that otherwise fail to conform with these Terms and Conditions.
- Terminate a User’s access to the chat room and blog feature upon any breach of these Terms and Conditions.
- Edit or delete any communications posted on the chat room and blog feature, regardless of whether such communications violate these Terms and Conditions.
You agree that this Agreement is entered into between you and us in the State of Colorado, United States of America, and is performed within the State of Colorado and governed by and shall be construed in all respects under the laws of the State of Colorado, exclusive of its choice of law or conflict of laws provisions. In any claim or action by you directly or indirectly arising under this Agreement or related to the Sponsor Content or Service, you and we each irrevocably agree to submit to the exclusive personal jurisdiction of the Colorado State District Court sitting in Denver County, Colorado, or if such court does not have subject matter jurisdiction, then you and we each irrevocably agree to submit to the exclusive personal jurisdiction of the United States Court for the District of Colorado, and whichever of those two courts has jurisdiction, you and we each waive any jurisdictional, venue or inconvenient forum objections to such court.
If any of the provisions of this Agreement are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
This Agreement constitutes the entire agreement between you and us relating to the access and use of the site, the Sponsor Content and any of the Services. This Agreement may not be modified, in whole or in part, except as described elsewhere in this Agreement. Anything contained on the Sponsor Content in with respect to the Service inconsistent with or conflicting with the terms of this Agreement is superseded by the terms of this Agreement.
Termination of Services
If you violate these Terms and Conditions of Use, your use of this site and your subscription, if any, will terminate. We may notify you that you have breached the Agreement and your account is being terminated. We may, in our sole discretion, terminate your access to this site, or any portion thereof, or discontinue providing the site, or any portion thereof. These actions are in addition to and not in lieu or limitation of any other right or remedy we may have available at law. Further, we shall not be liable to you or any third party for any such termination or discontinuance.
We do not guarantee continuous, uninterrupted or secure access to the Sponsor Content or to the Services. Operation of this site may be interfered with by numerous factors outside of our control. You agree that these Terms and Conditions of Use and all incorporated agreements between us and you may be automatically be assigned by us, in our sole discretion, to a third party for any reason whatsoever.
Copyright and Trademarks
The marks “IonCleanse®,” “Detoxifying the Planet Two Feet at a Time™,” “Premier®,” “Solo®,” “Making a Difference in your Health™,” AMD Logo, IonCleanse® Logo are trademarks and service marks of Moroney IP, LLC.
Our Brand; Your Assurance – The Right IonCleanse®
Trademarks are meant to help you and others identify quality products associated with a particular manufacturer. We believe our success is directly attributable to your appreciation of the high standard of quality and safety of our products. The more popular the IonCleanse brand has become, the more our competitors have tried to brand their own products with similar sounding names.
Proper Use of the IonCleanse® Mark
As a distinctive combination of words that had no meaning prior to the use on our vitality enhancement systems, the IonCleanse trademark has been used incorrectly. The mark IonCleanse is a famous trademark and should only be used to refer to our IonCleanse brand foot bath and ionic detoxification systems. The IonCleanse trademark should always be used as an adjective followed by the generic name of the product, for example, “IonCleanse® detox foot bath.” The IonCleanse trademark should never be used as a verb or noun, or to describe holistic services that employ the use of ionic foot baths. If you see an advertisement, post, link or article that mistakenly uses the IonCleanse brand, please let us know.
IonCleanse® is a registered trademark of Moroney IP, LLC
Collection of Personal Information
We collect personal information that you choose to share with us in the registration and various other sections of our site. This information may include your e-mail address, your health interests and your answers to questions about your health status. We use this information to enhance the Services.
If you have any questions about the Service, please contact us at: firstname.lastname@example.org.