Terms & Conditions

1. Agreement to Terms

PLEASE READ THESE TERMS & CONDITIONS (“AGREEMENT”) CAREFULLY.
This Agreement is a legal contract between you (“USER“) and ItHurts.com LLC (“THE COMPANY“).

By accessing, browsing, or using ItHurts.com (“SITE“) or any affiliated services, USER acknowledges and agrees to the following:

1. USER affirms they have read, understood, and agreed to be bound by this Agreement.
2. USER agrees to be bound by any future amendments to these Terms.
3. USER confirms they are of legal age in their jurisdiction to enter a binding contract.
4. If USER is acting on behalf of a company, they represent that they have the authority to bind that entity to this Agreement.
5. If USER does not agree to these Terms, they must immediately discontinue use of the SITE.
6. Continued use of the SITE constitutes acceptance of these Terms.

A. Changes to Terms

THE COMPANY reserves the right to modify this Agreement at any time.

• Updates take immediate effect upon posting.
• Changes apply only to future interactions unless otherwise stated.
• THE COMPANY will notify users of material changes via email or a SITE notice.

B. Legal Authority for Businesses

• If USER is accessing the SITE on behalf of a company, they confirm they have the legal authority to bind that entity to this Agreement.
• If USER does not have such authority, they may not use the SITE.

C. User Obligation to Review

• USER is responsible for reviewing these Terms regularly.
• Failure to review changes does not exempt USER from compliance.

2. Definitions

• “USER”: Any individual accessing the Site.
• “THE COMPANY”: ItHurts.com LLC.
• “SITE”: Includes website, content, forums, and commercial transactions.
• “Content”: Any material available on the Site.

Information We Collect About You and How We Collect It

The content on ItHurts.com (“SITE”) is provided for informational purposes only and does not constitute medical advice, diagnosis, or treatment.

A. No Medical Advice or Professional Relationship

• THE COMPANY is not a medical provider, hospital, or licensed healthcare entity.

• Content on this SITE should not be used to diagnose, treat, cure, or prevent any disease or medical condition.

• Users should always consult a licensed healthcare provider before making any medical decisions or changing their health routines based on SITE content.

B. No Liability for Reliance on Content

• THE COMPANY expressly disclaims all liability for any direct, indirect, incidental, or consequential damages arising from the use or reliance on the information provided.

• Under no circumstances shall THE COMPANY be liable for harm, injury, or damages resulting from actions taken based on SITE content.

• If you experience a medical emergency, seek immediate assistance from a healthcare professional or call emergency services.

C. FDA Compliance Disclaimer (If applicable)

• Statements on this SITE have not been evaluated by the U.S. Food and Drug Administration (FDA).

• This content is not intended to diagnose, treat, cure, or prevent any disease.

D. User Indemnification

By using this SITE, USER agrees to indemnify, defend, and hold harmless THE COMPANY, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, or expenses arising from USER’s reliance on SITE content, including but not limited to medical, health, or wellness information.

4. USER Obligations

By using ItHurts.com (“SITE”), USER agrees to comply with all applicable laws and regulations. USER assumes full responsibility for:

1. Maintaining the confidentiality of any data transmitted through the SITE.
2. Ensuring their use of the SITE complies with all laws.
3. Protecting the security of their account credentials, if applicable.

A. No Liability for Security Breaches

THE COMPANY does not guarantee the security of shared information and shall not be liable for any unauthorized access, data breaches, hacking, or third-party security failures affecting USER data.

B. User Acknowledgment of Data Risks

USER acknowledges that:

• Any data transmitted on the SITE is at their own risk.
• THE COMPANY does not guarantee the confidentiality of user-transmitted data.

C. Prohibited Conduct

USER agrees not to:

• Upload, post, or share content that is illegal, infringing, defamatory, obscene, or harmful.
• Attempt to hack, scrape, or gain unauthorized access to the SITE or other users’ data.
• Use automated scripts or bots to access or interact with the SITE.
• Attempt to disrupt or interfere with the proper functioning of the SITE.

D. Indemnification

USER agrees to indemnify, defend, and hold harmless THE COMPANY, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, or expenses arising from:

• USER’s misuse of the SITE.
• Violations of applicable laws by USER.
• Security breaches caused by USER’s negligence.

E. Termination of Access

THE COMPANY reserves the right to suspend, restrict, or terminate USER access at any time for violations of these Terms.

Automatic Data Collection Technologies & Tracking

As you interact with our Website, we may use automatic tracking technologies to collect certain data, including:

• Browsing behavior: Page views, session duration, navigation patterns, and interactions with content.
• Device details: IP addresses, device type, operating system, and browser information.
• Location data: Approximate geographic location based on IP address.

We may also track your online activities over time and across third-party websites and services (behavioral tracking).

Cookies & Tracking Technologies

We use various tracking technologies to improve our services, including:

• Cookies: Small data files stored on your device to enhance browsing experience and functionality.
  • You can manage cookie preferences via browser settings, but some site features may become inaccessible if cookies are disabled.
• Web Beacons: Transparent images embedded in pages or emails that help us measure engagement, detect fraud, and enhance security.

Do Not Track (DNT) & User Controls

Our Website does not respond to Do Not Track (DNT) signals from browsers. However, users can adjust their cookie settings to limit tracking. For more details on how to opt out of behavioral tracking, visit DO NOT TRACK DISCLOSURES.

5. License Grant

THE COMPANY grants USER a limited, revocable, non-exclusive, non-transferable, royalty-free license to access and use the SITE for personal, non-commercial purposes only.

A. Permitted Use

• USER may download and print materials from the SITE for personal use only, provided all copyright and proprietary notices remain intact.

B. Prohibited Uses

• USER may not:
  • Modify, adapt, create derivative works from, translate, reverse engineer, decompile, or otherwise attempt to extract the source code of any part of the SITE.
  • Use SITE content for commercial purposes without prior written consent.
  • Sell, distribute, sublicense, publicly display, or otherwise reproduce SITE content in any unauthorized manner.
  • Remove or alter any trademarks, copyrights, or other proprietary notices from SITE materials.

C. Ownership & Intellectual Property Rights

• All content on the SITE, including text, graphics, images, videos, and software, is the exclusive property of THE COMPANY or its licensors and is protected under copyright, trademark, and intellectual property laws.
• This license does not grant USER ownership of any SITE content.

D. Third-Party Content

• Some content on the SITE may be owned by third parties and is used with permission.
• USER’s license does not extend to third-party content, and such content may be subject to separate terms.

E. Termination of License

• This license automatically terminates if USER violates any provision of these Terms, including unauthorized reproduction, redistribution, or modification of SITE content.
• THE COMPANY reserves the right to revoke access to the SITE for any violations of these Terms.

6. Prohibited Activities

USER agrees not to engage in any of the following prohibited activities on ItHurts.com (“SITE”):

A. Unauthorized Use of Content & Intellectual Property

• Copying, distributing, modifying, reverse-engineering, or scraping any SITE content without authorization.
• Removing, altering, or obscuring copyright, trademark, or proprietary notices.

B. Security Violations & Fraud

• Attempting unauthorized access to SITE servers, databases, or other user accounts.
• Using bots, scrapers, or automated tools to collect data or disrupt the SITE.
• Posting or distributing viruses, malware, spyware, or corrupted files.

C. Harmful, Harassing, or Illegal Conduct

• Engaging in fraudulent, deceptive, or illegal activities.
• Harassing, stalking, threatening, or inciting violence against individuals or groups.
• Posting or sharing hate speech, discriminatory content, or graphic violence.
• Using the SITE to promote scams, pyramid schemes, or phishing attacks.

D. Spam, Advertising & Disruptive Behavior

• Sending spam, unsolicited messages, or unauthorized advertising.
• Using automated tools to manipulate content, rankings, or traffic.
• Attempting to disrupt, disable, or interfere with SITE operations.

E. Consequences of Violations

Violations of these Terms may result in:

1. Immediate termination of USER access.
2. Reporting of violations to law enforcement or regulatory authorities.
3. Legal action against the USER, including claims for damages.

F. Indemnification & Liability Disclaimer

• USER agrees to indemnify, defend, and hold harmless THE COMPANY from any claims, damages, or expenses arising from violations of these Terms.
• THE COMPANY assumes no liability for damages caused by USER’s misconduct, including legal claims from third parties.

G. Right to Modify & Enforce Prohibited Activities

• THE COMPANY reserves the right to update this list of prohibited activities to reflect emerging risks or evolving legal requirements.

7. Community Guidelines

THE COMPANY provides community forums and chat spaces to encourage discussion and support. By participating, USER agrees to follow these guidelines:

A. User Conduct

USER agrees to:

• Engage in respectful and lawful discussions.
• Provide accurate, honest, and supportive information.
• Refrain from posting defamatory, obscene, or illegal content.
• Not impersonate others or misrepresent affiliations.
• Not share personal identifying information without consent.
• Not share false or misleading medical information.
• Not use forums for advertisements or spam.

B. Prohibited Content

USER may not post or share content that:

• Promotes hate speech, threats, or violence against individuals or groups.
• Contains sexually explicit, obscene, or exploitative material.
• Encourages self-harm, eating disorders, or suicide.
• Contains false or misleading medical information that could endanger others.

C. Content Moderation & Removal

• THE COMPANY reserves the right to moderate, edit, remove, or permanently delete any content at its sole discretion without notice.
• THE COMPANY is under no obligation to restore removed content.

D. Public Nature of Forums

• All content posted in the forums is public, and USERS should exercise caution when sharing personal information.
• Once submitted, USER content may remain publicly available and may not be deleted upon request.

E. Liability Disclaimer & Indemnification

• USERS are solely responsible for the content they submit.
• THE COMPANY assumes no liability for user-generated content.
• USER agrees to indemnify, defend, and hold harmless THE COMPANY from any claims, liabilities, or damages arising from USER’s submitted content.

F. License Grant

By submitting content, USER grants THE COMPANY a worldwide, non-exclusive, perpetual, royalty-free license to use, modify, distribute, and display USER content.

USER waives any moral rights or claims against THE COMPANY regarding modification or use of submitted content.

8. Commercial Transactions

Certain products or services may be available for purchase on the SITE through third-party vendors. By making a purchase, USER agrees to the following terms:

A. Payment Authorization & Accuracy

• USER agrees to provide accurate billing and payment information.
• USER authorizes all charges made to their account.
• THE COMPANY is not responsible for declined payments, incomplete transactions, or incorrect billing details provided by USER.

B. Third-Party Vendor Responsibility

• THE COMPANY does not own, manufacture, or fulfill any third-party products or services offered through the SITE.
• THE COMPANY is not responsible for the quality, accuracy, availability, reliability, or fulfillment of any third-party purchase.
• Any disputes regarding product defects, warranties, shipping, or returns must be directed to the respective third-party vendor.

C. Refunds, Cancellations & Pricing

• All sales are final unless otherwise specified by the vendor.
• Refunds, cancellations, and return policies are subject to vendor terms, not THE COMPANY’s policies.
• Prices, promotions, and product availability are subject to change without notice.
• THE COMPANY is not liable for pricing errors, discrepancies, or stock availability.

D. Unauthorized Transactions & Chargebacks

• USER is responsible for ensuring all transactions made through their account are authorized.
• THE COMPANY is not liable for unauthorized transactions, chargebacks, or fraudulent activity caused by USER’s negligence or failure to protect payment credentials.

E. Indemnification for Transaction Disputes

• USER agrees to indemnify, defend, and hold harmless THE COMPANY from any claims, liabilities, damages, or expenses arising from transactions, disputes, or chargebacks related to third-party purchases.

9. Third-Party Content & Links

1. Third-Party Content Disclaimer

• The SITE may contain third-party opinions, advice, reviews, products, and advertisements.
• THE COMPANY does not endorse, verify, or guarantee the accuracy, reliability, or safety of third-party content.
• USER acknowledges that reliance on third-party content is at their own risk.

1. Third-Party Links & External Websites

• The SITE may contain links to external third-party websites.
• THE COMPANY is not responsible for the content, privacy policies, security, or practices of third-party websites.
• USER accesses such external links at their own risk.

1. No Liability for Third-Party Transactions

• THE COMPANY is not liable for any purchases, interactions, or disputes involving third-party vendors or advertisers linked on the SITE.
• USER must resolve product issues, refunds, or disputes directly with the third-party provider.
• If a vendor does not provide a refund policy, disputes must be resolved directly with the vendor. THE COMPANY is not responsible for vendor policy gaps.”

1. Right to Modify or Remove Third-Party Content

• THE COMPANY reserves the right to modify, remove, or restrict access to any third-party content, links, or advertisements at its sole discretion.

1. Linking to ItHurts.com

• USERS may link to the SITE provided that the link does not misrepresent or imply endorsement.
• THE COMPANY reserves the right to request link removal at any time.

1. Indemnification for Third-Party Claims

• USER agrees to indemnify, defend, and hold harmless THE COMPANY from any claims, liabilities, damages, or expenses arising from:
  • USER’s reliance on third-party content or advertisements.
  • USER’s interactions with third-party websites or vendors.
  • USER’s unauthorized or misleading linking to the SITE.

1. Compensation Disclosure

• THE COMPANY may receive compensation or affiliate commissions from third-party links, advertisements, or products displayed on the SITE.
• This does not influence editorial content.

10. Indemnification & Liability Limitations

A. Indemnification

USER agrees to indemnify, defend, and hold harmless THE COMPANY, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, costs, or expenses (including legal fees) arising from:

1. USER’s use or misuse of the SITE;
2. USER’s violation of these Terms & Conditions;
3. USER’s infringement of third-party rights, including intellectual property, privacy, or contractual rights;
4. Any content USER submits, posts, or transmits through the SITE.

B. Limitation of Liability

• THE COMPANY SHALL NOT BE LIABLE for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, even if advised of the possibility of such damages.
• THE COMPANY’S TOTAL LIABILITY under this Agreement shall not exceed the amount USER has paid to THE COMPANY in the past twelve (12) months, if any. If USER has made no payments, THE COMPANY’s total liability shall be zero.

C. No Warranties

• THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
• THE COMPANY does not guarantee that the SITE will be error-free, uninterrupted, or secure.

D. No Liability for Third-Party Actions or Security Risks

• THE COMPANY shall not be liable for any claims arising from third-party services, cyberattacks, unauthorized access, data breaches, or service disruptions beyond THE COMPANY’s reasonable control.

E. Survival of Terms

The indemnification, liability limitations, and warranty disclaimers in this section shall survive the termination or expiration of these Terms & Conditions.

11. Copyright & Intellectual Property

A. Ownership of Site Content

• All content on the SITE, including text, images, graphics, logos, and software, is the exclusive property of THE COMPANY or its licensors and is protected by copyright, trademark, and intellectual property laws.
• Unauthorized reproduction, modification, or distribution of SITE content is strictly prohibited.

B. Respect for Intellectual Property Rights

• THE COMPANY respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA).
• USERS may not post or share content that infringes third-party copyrights, trademarks, or intellectual property rights.

C. DMCA Takedown Requests

If you believe that content on the SITE infringes your copyright, you may submit a DMCA takedown request by providing:

1. Your full name and contact information (email address, phone number, mailing address).
2. Identification of the copyrighted work (e.g., a link to the original material or detailed description).
3. Identification of the allegedly infringing content (include URL or description of where it appears on the SITE).
4. A statement of good faith belief that the use is unauthorized.
5. A statement under penalty of perjury that your complaint is accurate and that you are authorized to act on behalf of the copyright owner.
6. Your physical or electronic signature.

Send DMCA requests to: [email protected]

We will make best efforts to respond to DMCA takedown notices within two weeks.

D. Counter-Notification Process

If you believe that your content was wrongly removed, you may submit a counter-notification including:

1. Your full name and contact information.
2. Identification of the removed content and where it was located before removal.
3. A statement under penalty of perjury that you believe the content was removed in error.
4. Your consent to jurisdiction in your location (e.g., if legal action is needed).
5. Your physical or electronic signature.

Send counter-notifications to: [email protected]

E. Liability Disclaimer for User-Generated Content

• THE COMPANY is not responsible for user-generated content that infringes intellectual property rights.
• USERS are solely responsible for ensuring that any content they post does not violate copyright, trademark, or other intellectual property laws.

12. Affiliate Disclosures

ItHurts.com (“THE COMPANY”) participates in various affiliate marketing programs, including but not limited to the Amazon Associates Program. This means that some links on our SITE are affiliate links, and THE COMPANY may earn a commission if you click on these links and make a purchase.

No Additional Cost to You

Any commissions THE COMPANY earns come at no additional cost to USER. The price USER pays remains the same whether purchasing through an affiliate link or directly from the vendor.

Independence & Transparency

We strive to recommend products based on research, publicly available reviews, consumer feedback, and reputable sources. However, THE COMPANY does not directly test or evaluate products, and some affiliate relationships may influence the selection or placement of certain products. We remain committed to transparency and integrity in our content.

No Endorsement or Warranty

ItHurts.com does not own, manufacture, or control any products linked on our SITE. All product names, trademarks, and brand representations belong to their respective owners.

• We do not endorse, guarantee, or warrant the accuracy, reliability, or quality of any third-party products or services.

• Users are responsible for verifying product details, including warranties, return policies, and suitability, before purchasing.

• Any issues related to product defects, quality, pricing discrepancies, shipping, or fulfillment should be directed to the vendor or manufacturer.

Liability Disclaimer

THE COMPANY is not responsible for:

• Errors, omissions, or discrepancies in product descriptions, pricing, or availability.

• Product performance, safety, durability, or fitness for a particular purpose.

• Any direct, indirect, incidental, or consequential damages resulting from the purchase or use of affiliate-linked products.

Affiliate Relationships May Change

Affiliate partnerships, pricing, and product availability may change over time without notice. We strive to keep our disclosures updated, but we cannot guarantee that all affiliate links reflect the latest offers.

By using our SITE, USER acknowledges and agrees to this Affiliate Disclosure. If you have any questions, please contact us at [email protected].

13. Contact Information

For general inquiries regarding these Terms & Conditions, you may contact THE COMPANY at:

📧 Email: [email protected]
📬 Mailing Address: ItHurts.com LLC, 18121 E Hampden Ave, Unit C #1058, Aurora, CO 80013, USA

A. Legal Notices & Formal Correspondence

For legal notices or formal correspondence, please send written communication to:
ItHurts.com LLC
Attn: Legal Department
18121 E Hampden Ave

Unit C #1058

Aurora, CO 80013

USA

B. Privacy & Data Requests 

For privacy-related requests, including access to personal data or deletion requests, contact our Privacy Team at:
📧 Email: [email protected]

For information on how we use cookies and tracking technologies, see our Privacy Policy.

C. Disclaimer on Contacting THE COMPANY

• Contacting THE COMPANY does not waive any rights or modify any Terms & Conditions.
• THE COMPANY is not obligated to respond to general inquiries or requests that fall outside its stated policies.

14. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

Where possible, the invalid provision shall be modified to reflect the original intent of the agreement while complying with applicable law.

The invalidation of one provision shall not affect the interpretation or enforceability of any other provision in these Terms.

This Severability clause shall be governed by the laws of the State of Colorado, without regard to conflict of law principles.

15. Termination

A. Right to Terminate or Suspend

THE COMPANY reserves the right to terminate or suspend USER’s access to the SITE at its sole discretion, for any reason, including but not limited to:

• Violations of these Terms
• Suspected fraudulent activity
• Security risks or unauthorized access
• Legal or regulatory requirements
• Extended periods of inactivity

Termination may occur with or without notice, and THE COMPANY shall not be liable for any resulting loss of access.

B. Disclaimer of Liability

THE COMPANY shall not be liable for any damages, loss of data, membership benefits, or claims arising from the suspension or termination of USER’s access to the SITE.

C. User Obligations After Termination

Termination does not affect any obligations or liabilities incurred by USER before the termination date, including:

• Outstanding payments
• Indemnification obligations
• Legal disputes or claims

D. Handling of User Content Upon Termination

Upon termination, USER’s access to their account and any stored data may be revoked. THE COMPANY is not obligated to retain, delete, or provide copies of any USER-generated content after termination.

16. Entire Agreement

These Terms constitute the entire agreement between USER and THE COMPANY and supersede all prior agreements, communications, or understandings, whether written, oral, or implied.

A. No Verbal or Informal Agreements

No verbal statements, emails, customer service responses, or third-party representations modify these Terms.

B. Modifications Must Be in Writing

No modification of these Terms shall be valid unless made in writing and authorized by THE COMPANY.

C. Conflicting Terms

In the event of a conflict between these Terms and any other policies, disclaimers, or third-party agreements, these Terms shall govern unless otherwise specified.

17. Governing Law & Jurisdiction

All disputes, claims, or controversies arising out of or relating to these Terms & Conditions shall be resolved exclusively through binding arbitration, except as outlined below.

A. Mandatory Arbitration Clause

Disputes shall be resolved through binding arbitration conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. If AAA is unavailable, the parties shall mutually select another nationally recognized arbitration provider.

B. Exceptions to Arbitration

If binding arbitration is prohibited by law for certain claims, only those claims shall be exempt from arbitration, while all other disputes remain subject to arbitration.

C. Governing Law

These Terms & Conditions and any disputes between USER and THE COMPANY shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws principles.

D. Forum Selection for Non-Arbitrable Disputes

If a claim is not subject to arbitration, all legal proceedings shall take place exclusively in the state or federal courts of Denver, Colorado. Both parties consent to exclusive jurisdiction and venue in these courts.

E. Class Action Waiver

USER EXPRESSLY WAIVES THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUITS OR JURY TRIALS.

• If this waiver is found unenforceable, the dispute shall proceed in arbitration on an individual basis only, and any class action claims shall be heard exclusively in Colorado courts.

F. Severability Clause

If any portion of this Governing Law & Jurisdiction clause is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

18. Waiver & Severability

The failure of THE COMPANY to exercise or enforce any right, remedy, or provision of these Terms & Conditions shall not constitute a waiver of such right, remedy, or provision.

• Any waiver must be in writing and signed by an authorized representative of THE COMPANY.
• A one-time waiver shall not constitute a waiver of any future breaches or rights.

If any provision of these Terms is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that provision shall be severed from these Terms.

• The remaining provisions shall continue in full force and effect.
• The parties further agree that the court should enforce the remainder of these Terms as closely as possible to the original intent of the severed provision.

19. Successors & Assigns

THE COMPANY may assign, transfer, delegate, or sublicense any of its rights or obligations under these Terms & Conditions, in whole or in part, to any corporate affiliate, successor entity, or third party without restriction and without prior notice to USER.

If THE COMPANY or its assets are acquired, merged, or sold, the acquiring entity shall automatically assume all rights and obligations under these Terms. THE COMPANY shall have no further liability or obligations to USER from the date of acquisition forward.

USER may not transfer, assign, sublicense, or delegate any rights or obligations under these Terms, including account ownership, access credentials, or usage rights, without prior written consent from THE COMPANY. Any unauthorized transfer shall be null and void.

20. Updates to Terms

THE COMPANY reserves the right to modify these Terms & Conditions at any time. If USER disagrees with any changes, they must immediately discontinue use of the SITE and services.

A. Notification of Changes

For material changes, THE COMPANY will provide notice by:

• Posting an update on the SITE
• Emailing registered users (if applicable)
• Using other reasonable means

For non-registered users, continued use of the SITE after an update constitutes acceptance of any revised Terms.

B. Non-Retroactive Application

Changes to these Terms & Conditions shall apply only to future interactions and shall not retroactively alter existing obligations unless explicitly stated.

C. Service Modifications & Discontinuation

THE COMPANY may modify, suspend, or discontinue the SITE or any services at any time without prior notice.

• THE COMPANY is not liable for any claims, losses, or damages arising from such changes.

D. Retention of Legal Rights

THE COMPANY reserves the right to enforce previous versions of these Terms for disputes arising before an update, unless otherwise required by law.

E. User Responsibility

USER is responsible for reviewing these Terms regularly. Failure to review changes does not exempt USER from compliance.

21. Dispute Resolution & Arbitration Agreement

If a dispute arises that cannot be resolved through customer service, USER and THE COMPANY agree to resolve the dispute through binding arbitration or small claims court, rather than in courts of general jurisdiction.

A. Claims Subject to Arbitration

To the fullest extent permitted by law, USER and THE COMPANY agree to arbitrate all disputes, except for:

• Claims arising from bodily injury
• Disputes related to intellectual property rights
• Requests for injunctive relief
• Regulatory complaints or matters that cannot legally be arbitrated

Arbitration applies to claims based on contract, tort, fraud, misrepresentation, or any other legal theory.

B. Pre-Arbitration Notice & Informal Resolution

Before initiating arbitration, the claimant must send a written Notice of Dispute, including:

1. Full name and contact details
2. Description of the dispute
3. Proposed resolution

Both parties must attempt good faith negotiations for 60 days before arbitration can proceed.

C. Arbitration Procedure

Arbitration will be conducted by National Arbitration & Mediation (NAM) under its applicable rules. Proceedings will be held in Denver or Arapahoe County, Colorado, unless otherwise agreed.

D. Arbitration Fees

Each party shall bear its own arbitration costs, including attorneys’ fees, unless the arbitrator determines the claim is frivolous, in which case the prevailing party may recover reasonable costs.

E. Confidentiality

All arbitration proceedings, including documents and testimony, shall remain strictly confidential, unless disclosure is required by law.

F. Settlement Offers

Either party may make a settlement offer before arbitration. If the final award is less than the settlement offer, the rejecting party may be required to pay arbitration costs.

G. Individualized Relief Requirement

Arbitration will be on an individual basis only.

• Class arbitrations and representative actions are prohibited.
• If this waiver is found unenforceable, class action claims must be litigated in Colorado courts.

H. Opt-Out of Future Changes

If THE COMPANY modifies this arbitration agreement, USER may opt out within 30 days by providing written notice.

I. Mass Filings

If 25 or more claimants initiate similar arbitration claims, the arbitrator must first determine:

1. Whether claims should be heard individually, consolidated, or dismissed
2. If mediation should be required before arbitration proceeds

This process ensures efficient dispute resolution and prevents abusive mass filings.

J. Severability

If any portion of this Arbitration Agreement is found invalid or unenforceable, the remaining provisions shall continue to be fully effective.

22. Class Action & Jury Trial Waiver

To the fullest extent permitted by law, USER and THE COMPANY agree that:

1. Class Action Waiver
   • All claims must be brought in an individual capacity only, and not as part of a class, collective, consolidated, or representative proceeding.
   • If this waiver is found unenforceable, class action claims shall be heard exclusively in the state or federal courts of Denver, Colorado.
2. Jury Trial Waiver
   • Both parties waive the right to a jury trial for any disputes covered under these Terms, including disputes resolved through arbitration or in court.
3. Opt-Out Right
   • USER may opt out of this Class Action & Jury Trial Waiver by sending written notice to THE COMPANY within 30 days of first accepting these Terms.
   • Opting out does not affect any other provisions of these Terms.
4. Applicability to Arbitration
   • This waiver applies to all disputes subject to arbitration under these Terms.
   • If arbitration is deemed unenforceable, this waiver still applies to any disputes heard in court.
5. Severability Clause
   • If any portion of this waiver is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

23. Force Majeure

THE COMPANY shall not be held liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to:

• Natural disasters (e.g., earthquakes, floods, hurricanes)
• Acts of war, terrorism, or civil unrest
• Government actions or restrictions (e.g., new laws, sanctions, trade embargoes)
• Labor strikes or industrial disputes
• Supply chain disruptions
• Cyber-attacks, cybersecurity breaches, or data loss events
• Power outages, infrastructure failures, or third-party service disruptions (e.g., cloud hosting failures, payment processor outages)

A. Suspension of Obligations

During a force majeure event, THE COMPANY’s obligations under these Terms shall be suspended for the duration of the event. THE COMPANY shall not be deemed in breach of these Terms due to service delays or failures resulting from such an event.

B. Long-Term Disruptions

If a force majeure event continues for more than 60 days, THE COMPANY reserves the right to terminate affected services without liability or further obligation to USER.

C. No Refunds or Compensation

THE COMPANY shall not be liable for any refunds, credits, or damages arising from service interruptions caused by a force majeure event.

D. User Responsibility & Loss Mitigation

USER agrees to take reasonable steps to mitigate any losses caused by a force majeure event affecting THE COMPANY’s services.

24. Acknowledgment & Agreement

By accessing, browsing, or using the SITE, USER confirms that they have read, understood, and agreed to be bound by these Terms & Conditions.

• If USER does not agree with any of these Terms, they must immediately discontinue use of the SITE.
• Certain services may require explicit acceptance of these Terms, such as by clicking “I Agree” before proceeding.
• If USER creates an account, purchases a product, or engages in any transactions on the SITE, they expressly agree to these Terms & Conditions and any additional policies governing such transactions.
• If USER is accessing the SITE on behalf of a company, organization, or other legal entity, they represent that they have legal authority to bind that entity to these Terms. If they do not have such authority, they may not use the SITE.
• This acknowledgment and agreement shall survive any discontinuation of use by USER, meaning that obligations or disputes arising from prior use of the SITE remain subject to these Terms, even if USER stops using the SITE.