TERMS OF USE & CONDITIONS OF SALE

Overview

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND OUR TERMS OF USE AND CONDITIONS OF SALE (“TERMS” OR “AGREEMENT”) BEFORE ACCESSING, USING, OR PLACING AN ORDER THROUGH OUR SITE. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (SEE SECTIONS 14 AND 15). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.

Your use of qrbs.ca, including any sub-domains thereof, affiliated websites, and mobile applications (collectively, the “Site”), which are owned and maintained by QRBS (“QRBS,” “we,” “our,” “us”), is governed by the policies, terms, and conditions set forth below. Please read our terms carefully. We offer the Site, including all information, tools, products, and services available from the Site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing, using, or placing an order through the Site, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Site in any manner or form whatsoever.

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 16 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 16 BELOW, WHICH DESCRIBES YOUR RIGHT TO OPT-OUT.

You can review the most current version of the Terms at any time on this page (Terms and Conditions | QRBS). We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE SITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.

TABLE OF CONTENTS

TERMS OF USE & CONDITIONS OF SALE

Welcome to QRBS (hereinafter referred to as “QRBS,” “we,” “our,” “us”). Please read these Terms of Use and Conditions of Sale (the “Terms”) carefully before accessing, using, or placing an order through our website qrbs.ca (the “Site”). Your use of the Site is governed by these Terms. By accessing, using, or placing an order through the Site, you agree to be bound by these Terms. If you do not agree to these Terms, you are not authorized to use the Site.

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS BEFORE USING THE SITE. THESE TERMS INCLUDE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (SEE SECTIONS 14 AND 15) AND FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.

1. Site Use

QRBS’s Site, products, and services are intended for adults only. By using the Site and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. By using the Site, you affirm that you have the legal capacity to enter into a binding contract with QRBS and have read, understand, and agree to these Terms.

2. Changes to these Terms

QRBS reserves the right to update, change, or replace any part of these Terms by posting updates and/or changes on the Site. You can review the most current version of these Terms at any time by visiting our “Terms and Conditions” page on the Site. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, the Site following the posting of any changes constitutes your binding acceptance of those changes.

3. Privacy and Security Disclosure

Please refer to QRBS’s Privacy Policy located on our “Privacy Policy” page on the Site. The Privacy Policy is hereby incorporated into these Terms by reference and constitutes a part of this Agreement. QRBS reserves the right to modify the Privacy Policy at its sole discretion.

4. No Investment Recommendations or Professional Advice

QRBS does not provide personalized investment advice. Neither the Site nor any of QRBS’s products or services are intended to provide tax, legal, insurance, or investment advice. None of the content provided on the Site or through any of QRBS’s products or services should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by QRBS or any third party.

You are solely responsible for determining whether any investment, security, or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. We recommend consulting a registered investment advisor, attorney, or tax professional regarding your financial situation, investing strategies, or specific legal or tax situation.

Performance data on the Site is supplied by sources believed to be reliable. However, these calculations are not guaranteed and may not be complete. Any investment in a security carries risks, and discussions of any security on the Site may not contain a list or description of all relevant risk factors.

The Site may reference prior articles and opinions published by QRBS. These references may be selective, may reference only a portion of an article or opinion, and may not be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.

All content on the Site is presented as of the date published and may be superseded by subsequent market events or other reasons. You are responsible for setting your browser’s cache settings to ensure you are receiving the most recent data.

5. Securities & Investing Disclosure

Stocks and options trading have the potential for both rewards and risks. Before investing in the stocks and options markets, it is essential to be aware of the associated risks and be willing to accept them. Never invest money that you cannot afford to lose.

QRBS does not represent that any account will or is likely to achieve profits or losses similar to those discussed on the Site. Past performance of any trading system or methodology is not necessarily indicative of future results. All trades, patterns, charts, systems, etc., discussed on the Site are for illustrative purposes only and should not be construed as specific advisory recommendations. Information on the Site is intended for informational purposes only.

6. Intellectual Property

The Site and its content, including text, documents, articles, products, software, graphics, photos, sounds, videos, interactive features, services, links, user submissions, third-party apps, and other content on the Site (the “Content”), are the property of QRBS and its third-party licensors or providers.

You may access and use the Content and download and/or print out copies of any content from the Site for your personal, non-commercial use. When downloading or printing a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. Your use of the Site does not grant you any ownership rights. QRBS reserves all rights not expressly granted in and to the Site.

7. User Conduct

You may not use, copy, display, sell, license, decompile, republish, upload, post, transmit, distribute, create derivative works, or otherwise exploit Content from the Site to online bulletin boards, message boards, newsgroups, chat rooms, or in any other manner without QRBS’s prior written permission. Modifying the Content or using it for any purpose other than your personal, non-commercial use is a violation of our copyright and other proprietary rights and can subject you to legal liability.

In connection with your use of the Site and its products or services, you agree not to:

  • Restrict or inhibit any other visitor from using the Site, including through hacking or defacing any portion of the Site.
  • Use the Site for any unlawful purpose.
  • Express or imply that any statements you make are endorsed by QRBS without our prior written consent.
  • Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site.
  • Disable, damage, or alter the functioning or appearance of the Site, including the presentation of advertising.
  • “Frame” or “mirror” any part of the Site without our prior written authorization.
  • Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine,” “scrape,” “harvest,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.
  • Harvest or collect information about visitors to the Site without their express consent.
  • Send unsolicited or unauthorized advertisements, spam, chain letters, etc., to other users of the Site.
  • Transmit any Content containing software viruses or other harmful computer code, files, or programs.

8. Account Registration

To access certain products or services on the Site, you may be required to create an account. By creating an account, you agree to the following:

  • You may maintain only one account.
  • You may never share your account username or password or knowingly provide or authorize access to your account.
  • You may never use another user’s account without permission.
  • When creating your account, you must provide accurate and complete information.
  • You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
  • You must immediately notify us of any breach of security or unauthorized use of your account.
  • You will be liable for any use made of your account or password and the losses of QRBS or others due to such unauthorized use. QRBS will not be liable for your losses caused by any unauthorized use of your account.

QRBS has the right, in its sole discretion, to cancel your subscription or suspend your access to the Site.

9. Automatic Billing and Cancellation Policy

Some of QRBS’s products and services are provided on a subscription basis. If you purchase a subscription, the subscription will automatically renew at the then-current rate for the subscribed product or service until you notify us of your decision to terminate your subscription. The renewal terms are typically one-month or twelve-month periods, as identified on your itemized receipt. Prior to billing you for the renewal term, QRBS will email the address associated with your account to notify you of the length and price of the renewal term.

By allowing the renewal to proceed, you have provided electronic authorization for future charges against the credit card or PayPal account associated with your account. You agree that your subscription fee(s) will be billed automatically at the beginning of each renewal period at the then-current rate (plus any applicable sales tax) to the credit card(s) or PayPal account on file. If you have multiple cards on file, the first card will be used. If you have multiple credit cards on file, and one or more cards have expired, we will use the unexpired credit card.

You may cancel your subscription(s) at any time. To cancel your membership, please contact us in writing via email at [email protected] or by mail at 890 S 10th St, Fresno, CA 93702, US. You can also reach our Customer Service Department by telephone at 15596006040 during normal business hours, Monday through Friday. Alternatively, you may use the Self-Service portal on our Site to initiate the cancellation. Cancellation will be effective no later than 3 business days after we receive your notification.

10.Refunds

QRBS’s Premium Services (and sometimes specific offers) come with different refund policies, including services for which no refund is available. Prior to subscribing to a particular service or offer, please review the specific terms for each. By subscribing to a particular service or offer, you agree to be bound by the terms of the applicable return policy. If you have any questions about whether a particular service or offer is eligible for a refund, please contact our Customer Service at [email protected].

For QRBS’s Premium Services that are eligible for a refund, refunds are only available to first-time subscribers. If you subscribe to a service that allows a refund and choose to cancel your subscription to receive a refund, please note that you won’t be entitled to a refund if you decide to re-subscribe to the same service.

Some of QRBS’s Premium Services are provided through third-party vendors. In such cases, the vendor’s refund policy will apply and may differ from the service or specific offer’s refund policy provided by QRBS.

11.Payment Methods

All charges are in U.S. Dollars. We accept U.S. issued credit and debit cards from Visa, MasterCard, American Express, Discover, and PayPal.

When making an online order with a credit or debit card, you will need to provide:

  • The billing address to which the card’s statement is sent.
  • The card number and expiration date.
  • The 3 or 4 digit code located on the card (CVV2 code).

By submitting credit card information or other payment details to us, you confirm and agree that: (i) you have the full authority to use that card or account; (ii) if you choose a subscription-based purchase, you will ensure all payments for your subscriptions are made by the due date; (iii) all payment information provided is accurate and complete; (iv) you are responsible for any credit card fees; and (v) you have sufficient funds available to cover the amount(s) due.

We, along with our third-party payment service providers, may request and receive updated credit card information from your credit card issuer, such as updated card numbers and expiration dates when your credit card expires. If we receive such updated information from your credit card issuer or our third-party payment service providers, we will update your account information accordingly and use this updated information to process payments for your subscription(s) if you have subscribed to any. Your credit card issuer may give you the option to opt out of providing vendors and third-party payment service providers with updated credit card information. If you wish to opt out of this credit card updating service, please contact your credit card issuer.

We are not responsible for any fees or charges that may be imposed by your bank or credit card issuer. In the event your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment through an alternate method, including mailing a statement.

12.Social Media

This section pertains to all individuals who engage with our presence on social media, including comment sections, feeds, and other elements of our social media presence on platforms such as Facebook, Instagram, Twitter, YouTube, Google+, LinkedIn, or any other external third-party social media platforms we may employ (referred to as “Social Media Presence”).

Please be aware that social media platforms are public forums, and there should be no expectation of privacy while using them. Notably, our Privacy Statement and these Terms do not apply to our Social Media Presence. Sites and platforms that host our Social Media Presence are not under our control, and as such, they have their own terms of use and privacy policies. Any comments and opinions expressed by users on social media represent their own views and do not reflect the opinions of QRBS. Posts or comments that some may consider inappropriate or offensive may appear on our Social Media Presence and may remain until we have identified them or been alerted to their presence. We will then initiate the necessary procedures and technical processes to have them removed. If you encounter any post or comment on our Social Media Presence that you deem offensive or inappropriate, we encourage you to report it to the operator of the relevant site or platform according to the established procedures for this purpose.

13.Copyright Notice

The Site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this Site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):

Notification of Claimed Infringement:

Attn: Copyright Agent QRBS 890 S 10th St Fresno, CA 93702, US

Phone: 15596006040

Email: help@qrbs.ca

You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material, and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material and will notify the posting party that the material has been blocked or removed.

In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) a description of the copyrighted work that is the subject of the claimed infringement; (ii) a description of the infringing material and information sufficient for us to locate the alleged material; (iii) your contact information, including your address, telephone number, and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all the above-listed information may result in a delay in processing your complaint.

14.DISCLAIMER OF WARRANTIES

Unless otherwise prohibited by law, the Site and all content are provided on an “as is,” “as available” basis without any warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. We make no, and expressly disclaim any and all, representations and warranties regarding the reliability, timeliness, quality, suitability, availability, accuracy, and completeness of any information on this Site. We do not represent or warrant, and expressly disclaim that: (A) the use of the Site will be secure, timely, uninterrupted, or error-free, or operate in combination with any other hardware, software, system, or data; (B) the Site or our products or services will meet your requirements or expectations; (C) any stored data will be accurate or reliable; (D) the quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your requirements or expectations; (E) errors or defects in the Site will be corrected; or (F) the Site or the server(s) that make the Site available are free of viruses or other harmful components. All conditions, representations, and warranties, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law.

15.DISCLAIMER OF LIABILITIES

Unless otherwise prohibited by law, in no event shall Pure Body Innovations or any of its officers, directors, shareholders, employees, independent contractors, telecommunications providers, and/or agents be liable for any indirect, special, incidental, exemplary, consequential, punitive, or any other damages, fees, costs, or claims arising from or related to this Agreement, the Privacy Policy, the products or services, or your or a third party’s use or attempted use of the Site or any product or service, regardless of whether Pure Body Innovations has had notice of the possibility of such damages, fees, costs, or claims. This includes, without limitation, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services or products, or any other indirect, special, incidental, punitive, consequential, or other damages. This applies regardless of the manner in which damages are allegedly caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), warranty, or otherwise. If, notwithstanding the limitations of liability set forth above, Pure Body Innovations is found liable under any theory, Pure Body Innovations’s liability and your exclusive remedy will be limited to USD $500.00. This limitation of liability shall apply for all claims, regardless of whether Pure Body Innovations was aware of or advised in advance of the possibility of damages or such claims. Some states do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you, and you may have additional rights.

WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE SITE:

This Site offers health, wellness, fitness, and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid, or delay obtaining medical or health-related advice from your health-care professional because of something you may have read on this Site. The use of any information provided on this Site is solely at your own risk.

Nothing stated or posted on this Site or available through any services is intended to be, and must not be taken to be, the practice of medical or counseling care. For purposes of this Agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis, or advice.

16.DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

a. General

Arbitration is a method of resolving a “Claim” without filing a lawsuit. “Claim” means any dispute between you, Pure Body Innovations, or any involved third party relating to your account, your use of the Site, your relationship with Pure Body Innovations, these Terms, or the Privacy Policy. This includes any and all claims that relate in any way to your use or attempted use of the products or services, and any act or omission by Pure Body Innovations or any third party related to your use or attempted use of the products or services. You and Pure Body Innovations may pursue a Claim. Pure Body Innovations agrees to final and binding confidential arbitration should it have any Claims against you. Likewise, you agree to final and binding confidential arbitration should you have any Claims against Pure Body Innovations. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to final and binding confidential arbitration. This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.

b. Exceptions

Notwithstanding the foregoing and as an exception to final and binding confidential arbitration, you and Pure Body Innovations both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. Pure Body Innovations will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court. The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in Florida: (i) an action by Pure Body Innovations relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents; or (ii) an action by Pure Body Innovations for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection “b” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection “b,” the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Tampa, Florida, and forever waive any challenge to said courts’ jurisdiction and venue.

c. Required Pre-Dispute Procedures

We acknowledge and agree that before initiating any Claim against the other, we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by U.S. Mail to Pure Body Innovations, Attn: Legal Department, 6421 N. Florida Ave, Ste D PMB, Tampa, FL 33604. Pure Body Innovations will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with Pure Body Innovations or its designated representative in good faith about your problem or dispute. If, for some reason, the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions below. Notwithstanding the foregoing or any other term of this arbitration agreement, we will have the right to seek injunctive or other equitable relief in state or federal court located in Tampa, Florida, to enforce these Terms or prevent an infringement of a third party’s rights or our intellectual property rights, as stated in subsection “b” above. You hereby expressly consent to, and forever waive any challenge to, the exclusive personal jurisdiction and venue of said courts in such actions.

d. Commencing Arbitration

You and Pure Body Innovations agree to commence any arbitration proceeding within 1 year after the Claim arises (the 1 year period includes the required pre-dispute procedures set forth above), and any arbitration proceeding commenced after 1 year shall be forever barred.

e. Arbitration Location

If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in Tampa, Florida, unless Pure Body Innovations agrees to arbitrate in another forum requested by you.

f. Organization, Rules, and the Arbitrator

We each agree that any and all Claims other than those exempted under subsection “b” above shall be submitted to final and binding confidential arbitration before a single arbitrator of the American Arbitration Association (“AAA”). Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA and providing a copy to the other party, within the time period set forth in subsection “d” above. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with the rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, and this arbitration provision. The arbitr shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Pure Body Innovations.

g. Fees

Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. We will reimburse the fees charged by the arbitrator for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.

h. Governing Law and Award

The arbitrator shall follow the substantive law of the State of Florida without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

i. Enforceability

This provision survives termination of your account or relationship with Pure Body Innovations, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

j. Miscellaneous

Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims, except all Claims must be brought within the 1-year limitation period set forth above. This provision is the entire arbitration agreement between you and Pure Body Innovations and shall not be modified except in writing by Pure Body Innovations.

k. Amendments

Pure Body Innovations reserves the right to amend this arbitration provision at any time. Your continued use of the Site, purchase of a product or service on or through the Site, or use or attempted use of a Pure Body Innovations product or service is an affirmation of your consent to such changes. Should the changes to this arbitration provision be material, Pure Body Innovations will provide you notice and an opportunity to opt-out. Your continued use of the Site, purchase of a product or service on or through the Site, or use or attempted use of a Pure Body Innovations product or service is an affirmation of your consent to such material changes.

You understand and agree to have any claims decided individually and only through binding, final, and confidential arbitration. You have the right to opt-out of this arbitration provision within thirty (30) days from the date that you purchase, use, or attempt to use a product or service purchased on or through the site (whichever comes first) by writing to us at Pure Body Innovations, Attn: Legal Department, 6421 N. Florida Ave, Ste D PMB, Tampa, FL 33604. For your opt-out to be effective, you must submit a signed written notice identifying any product or service you purchased, used, or attempted to use within the 30 days and the date you first purchased, used, or attempted to use the product or service. If more than thirty (30) days have passed, you are not eligible to opt out of this provision and must pursue your claim through binding arbitration as set forth in this agreement. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1,000.00.

17. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Pure Body Innovations, its affiliates (including without limitation all affiliated professional entities), subsidiaries, and their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any claims, actions, losses, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third party.

18. Third-Party Websites and Links

Our Site may include materials from third parties or links to third-party websites. Pure Body Innovations is not liable for any third-party materials or websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

19. Testimonials, Reviews, and Other Submissions

Pure Body Innovations is pleased to hear from users and customers and welcomes your comments regarding our services and products. You agree that any testimonial or product review that you provide Pure Body Innovations is true and accurate in all respects and does not infringe or interfere with the intellectual property rights of any third party. You agree that Pure Body Innovations may use testimonials and/or product/service reviews, in whole or in part, together with the name and city/state/country of the person submitting it. Testimonials may be used for any form of advertising relating to Pure Body Innovations’s products or services, in printed and online media, as Pure Body Innovations determines in its absolute discretion. Testimonials represent the unique experience of the customers submitting the testimonial, and do not necessarily reflect the experience that you may have using our products or services. Anything that you submit or post to the Site and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You represent and warrant that you are the owner or have sufficient rights to share the Submissions with us. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you. Additionally, Pure Body Innovations reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. Pure Body Innovations shall be under no obligation to use any, or any part of, any testimonial or product/service review submitted. If you submit a testimonial, you are confirming that you have read, understood and agree to these Terms. If you disagree with any part of these Terms, do not submit a testimonial.

20. Electronic Communications

You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

21. Assignment

You may not assign any of your rights under these Terms, and any such attempt will be null and void. Pure Body Innovations and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of Pure Body Innovations’s business is transferred to another entity by way of merger, sale of its assets, or otherwise.

22. No Waiver

No waiver by Pure Body Innovations of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Pure Body Innovations to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

23. No Agency Relationship

No joint venture, partnership, employment, or agency relationship exists between you and Pure Body Innovations as a result of your receipt of any Pure Body Innovations product, your use of any Pure Body Innovations service, or use of the Site.

24. Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

25. Termination

In the event that we terminate this Agreement, Sections 1-27, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.

26. Entire Agreement

These Terms, the Agreement, and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and Pure Body Innovations and supersede and replace any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

27. Questions or Additional Information

If you have any questions regarding your account, any product or service, or these Terms, please contact our customer support team by phone, mail, and email at the following:

QRBS
890 S 10th St Fresno CA 93702

Phone: 15596006040

Email: [email protected]

© Copyright 2023 qrbs.ca. All Rights Reserved.