Terms of Service

Terms of Service

Welcome to the RIGHTFUL LLC (“RIGHTFUL” or “we” or “us”) Website hosted at www.rightful.com (the “Website” or “Site”) and the RIGHTFUL pages on Facebook, Twitter, Instagram, or any other social media sites related to www.rightful.com or RIGHTFUL (together with the Website, collectively the “Service”).  By accessing the Service, you (“you” or “User” or “Users”) agree to the following terms and conditions concerning your use and access of the Service.  By accessing and/or using the Service, you agree to be bound by these Terms of Service (“Terms of Service” or “Terms”) and the Privacy Policy located at www.rightful.com/privacy-policy.

NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER:  THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH THE COMPANY.  PLEASE READ IT CAREFULLY. 

GENERAL PROVISIONS

Content and Accuracy of Information:  We attempt to ensure that information on the Service is complete, accurate and current. Despite our efforts, the information on this Site and/or Service may be inaccurate, incomplete or out of date.  We make no representation as to the completeness, accuracy or currentness of any information on this Site and/or Service.

Medical Disclaimers:  Neither RIGHTFUL nor any of its subsidiaries dispense medical advice.  None of the Service content should be considered medical advice or an endorsement, representation or warranty that any particular product or treatment is safe, appropriate or effective for you.  The contents of this site do not constitute medical or any other type of professional advice.  Information related to health and wellness 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.  You should not use the Service or any information therein for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment for yourself or others. You should always speak with your physician or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, or adopting any treatment for a health problem. If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of something you have read on this website. Information provided on this website and the use of any products or services purchased by you on our website DOES NOT create a doctor-patient relationship between you and any of the physicians or other medical practitioners affiliated with the Service. Information and statements regarding dietary supplements available on this website have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. Please consult your healthcare provider with any questions or concerns you may have regarding any real or perceived condition. The use of any information provided on this Service is solely at your own risk.  RIGHTFUL shall not be liable for any damages, loss, or injury suffered as a result of reliance on the information contained on this Service.  RIGHTFUL does not recommend, endorse, or make any representations about the efficacy, appropriateness, or suitability of any specific products, tests, procedures, treatments, services, opinions, healthcare providers, or other information that may be contained on or available through this Service.

Nothing stated or posted on this site or available through any services are 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.

Use of Website Content:  All materials provided on the Service, including but not limited to information, documents, products, logos, graphics, sounds, images, compilations, content and services (“Materials” or “Content”), are provided by RIGHTFUL.  Except as stated herein, none of the Materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of RIGHTFUL.  Also, you may not “mirror” or “archive” any Materials contained on the Website or Service on any other server without RIGHTFUL’s prior express written permission.

Except where expressly provided otherwise by RIGHTFUL, nothing on the Website or Service shall be construed to confer any license or ownership right in or to the Materials, under any of RIGHTFUL’s intellectual property rights, whether by estoppel, implication, or otherwise.  You acknowledge sole responsibility for obtaining any such licenses.

Any unauthorized use of any Materials contained on the Website or Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes.  It is the Users’ obligation to comply with all applicable state, federal and international laws.  Users are responsible for maintaining the confidentiality of their account information and password and for restricting access to such information and to their computer. Users agree to accept responsibility for all activities that occur under your account or password.

Termination:   We may suspend or terminate your account or your use of this Service at any time, for any reason or for no reason.  Any Users who request excessive returns or make orders that result in excessive fraud and/or chargebacks may have their account suspended or terminated.  We reserve the right to change, suspend, or discontinue all or any aspect of this Service at any time without notice.

 

INFORMATION FOR USERS

In order to set up an account on the Service, Users will have to provide, at RIGHTFUL’s sole discretion, certain personal or other information, all of which is subject to RIGHTFUL’s Privacy Policy (www.rightful.com/privacy-policy). Any submission of false or materially inaccurate information by users in creating an account shall constitute a basis for RIGHTFUL to terminate the account and bar such users from making further access or use of the Service.  You may only create one account per person, and any user creating multiple accounts with different email addresses may be subject to account termination.

 

SUBMISSIONS

Except where expressly provided otherwise by RIGHTFUL, all comments, feedback, information and data submitted to RIGHTFUL through, in association with or in regard to the Service (“Submissions”) shall be considered non-confidential and RIGHTFUL’s property.  This may not include copyright ownership of images which you may upload, but does include an express license to use said images in any method RIGHTFUL sees fit and make compilations and derivative works thereof in all media now known or hereafter devised.  Except as expressly enumerated in the preceding sentence, by providing such Submissions to RIGHTFUL, you agree to assign to RIGHTFUL, as consideration in exchange for the use of the Service, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent that you have the right to grant RIGHTFUL these rights.  RIGHTFUL shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose.  You acknowledge that you are responsible for the Submissions that you provide, and that you, not RIGHTFUL, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.

You will not post any Submission that (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b)  bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity, whether physically, emotionally or otherwise.

RIGHTFUL reserves the right, but disclaims any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from any RIGHTFUL site that violates these Terms of Service and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms of Service and/or protect the safety or security of any person or property, including any RIGHTFUL site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.

All Submissions must be true, and in accordance with the rights of privacy and publicity and all federal, state and international law. You may not upload an image or any likeness of another without their consent (or the consent of their parent or guardian if they are under the age of 18).  If you do so, RIGHTFUL reserves the right to cancel or suspend your account.  Furthermore, RIGHTFUL reserves the right to cancel or suspend your account, if in its sole discretion, it believes you are using RIGHTFUL for improper purposes, or any purpose inconsistent with its business, or its mission or values.

 

CHILDREN

RIGHTFUL does not accept Submissions, authorize the creation of any account, or solicit any orders or other commercial business from any person under the age of 18 (“Child” or “Children”). You are ineligible to use this Service if you are under the age of 18.

 

LINKS TO THIRD PARTY SITES

The Service may contain links or have references to websites controlled by parties other than RIGHTFUL.  RIGHTFUL is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party websites. RIGHTFUL is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by RIGHTFUL of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by RIGHTFUL.  It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.

 

LIMITATION OF LIABILITY

TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF RIGHTFUL EXCEED $100.00. IN NO EVENT SHALL RIGHTFUL OR ANY THIRD PARTY PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES to your computer, telecommunication equipment, or other property and/or FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THESE TERMS OR THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE accessing or USE of, OR INABILITY TO USE, THE WEBSITE AND THE SERVICES ASSOCIATED THEREWITH including but not limited to the downloading of any materials, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF CUSTOMER’S BREACH, OR RELATED TO ITS INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNITIES”.

 

LICENSES FROM USERS

You grant to RIGHTFUL and its Third Party Providers the non-exclusive, worldwide right to use, copy, transmit and display any User-generated content such as, but not limited to, reviews, comments, forum posts, blogs, messages, uploaded files, solicitations, data, information, or any other content or materials provided to RIGHTFUL by you in the course of accessing and/or using the Service.  Notwithstanding the foregoing, RIGHTFUL’s obligations regarding identification and other information concerning your personal information shall be governed by the terms of the Privacy Policy (www.rightful.com/privacy-policy). The terms of the Privacy Policy are expressly incorporated herein as though set forth in full.

 

REPRESENTATIONS AND WARRANTIES

Each User represents and warrants that it has the power and authority to enter into these Terms.  RIGHTFUL warrants that it will provide the Service in a manner consistent with its business practices, as RIGHTFUL, in its sole and absolute discretion, deems fit.  To the extent that you represent an entity of any type or any individual besides yourself, you represent and warrant that you have the proper authority to enter into these Terms on their behalf.

 

DISCLAIMER OF WARRANTIES

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY RIGHTFUL, THE MATERIALS ON THE WEBSITE AND SERVICE ARE PROVIDED “AS IS,” AND ARE FOR USE AS CONTRACTED HEREIN.  EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, RIGHTFUL AND ITS THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE SERVICE, THE WEBSITE, THE MATERIALS, AND THE GOODS AND SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. RIGHTFUL AND ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE service, website and the GOODS, SERVICES AND/OR MATERIALS ASSOCIATED WITH THE WEBSITE, OR THE RESULTS YOU MAY OBTAIN BY accessing or USING THE service, WEBSITE AND/OR THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RIGHTFUL AND ITS THIRD PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE service, WEBSITE OR MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE SERVICE OR WEBSITE WILL MEET YOUR REQUIREMENTS; OR (C) THE GOODS, SERVICES, MATERIALS, OR THE SYSTEMS THAT MAKE THE SERVICES AND WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NEITHER RIGHTFUL NOR ITS THIRD PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEBSITE AND SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. RIGHTFUL IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY RIGHTFUL, THE SERVICE, WEBSITE AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH ARE PROVIDED TO YOU ON AN “AS IS” BASIS.  RIGHTFUL EXPRESSLY DISCLAIMS ANY WARRANTY RELATED TO THE QUALITY OF GOODS AND/OR SERVICES AND THE PERSONS OR BUSINESSES REFERENCED ON THE WEBSITE.  YOU USE THIRD PARTY PROVIDERS AND AFFILIATED SERVICES AT YOUR PERIL AND ASSUME ALL RISKS RELATED TO USE OF SAID THIRD PARTY PROVIDERS AND SERVICES.

 

INDEMNITIES

You shall defend and indemnify RIGHTFUL and its Third Party Providers against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) finally awarded against RIGHTFUL or its Third Party Providers by a court of competent jurisdiction arising out of or in connection with a claim by a third party related to you. RIGHTFUL shall have no indemnification obligation or other liability for any claim of infringement arising from (a) use of the Service and/or the services associated with the Service other than in accordance with these Terms; (b) the combination of the Service and/or the services associated with the Website with any other products, services, or materials; or (c) any third party products, services, or materials.

 

YOUR RESPONSIBILITIES

You will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with your use of the Service, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which RIGHTFUL controls and operates the Service and services associated therewith.  Furthermore, you expressly agree not to violate any rights of publicity or privacy of any person, nor defame any person or entity.

 

NOTICES

RIGHTFUL may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in RIGHTFUL’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in RIGHTFUL’s account information. All notices shall be deemed to have been given four days after mailing or 36 hours after sending by email or posting to the Service.

Furthermore, RIGHTFUL complies with the Digital Millennium Copyright Act (“DMCA”). Any notices given pursuant to the DMCA shall be given to the RIGHTFUL designated agent via email at care@rightful.com using the subject line, “Notice of DMCA Violation”, or via registered US mail sent return receipt to: DMCA Compliance Agent, RIGHTFUL LLC, 3513 Brighton Blvd, Ste 459, Denver, CO 80216.

You may give notice to RIGHTFUL at any time by letter sent by registered mail with return receipt to: RIGHTFUL LLC, 3513 Brighton Blvd, Ste 459, Denver, CO 80216.

 

RESOLUTION OF DISPUTES – MANDATORY ARBITRATION AND CLASS ACTION WAIVER

We offer the following process to help you resolve a complaint or Dispute (as defined below) that you may have with RIGHTFUL or the use of this Service. Please read this section carefully. Our Customer Service Department, which you can reach at care@rightful.com, can help you resolve most of your concerns. If our Customer Service Department is unable to resolve your complaint or Dispute, you agree to take the following steps to resolve any Dispute you may have with us:

 Step 1. Notice of Dispute

You must first try to resolve any complaint or Dispute with us through our Notice of Dispute process. You begin by submitting a “Notice of Dispute” with any supporting documents or other information by registered US mail sent return receipt to:

RIGHTFUL, LLC

Attention: Notice of Dispute

3513 Brighton Blvd, Ste 459

Denver, CO 80216

A “Notice of Dispute” is a written form in which you provide your name, address, contact information, email address, the facts regarding your Dispute, and the relief you are requesting from us.  Once we receive your Notice of Dispute, you and we will attempt to resolve any Dispute through informal negotiation within forty-five (45) days from the date the Notice of Dispute is received by us. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or we may initiate an arbitration proceeding or small claims action as described below.

You agree that the term “Dispute” in these Terms of Use will have the broadest meaning possible. It applies to any dispute, action, or other controversy between you and us relating to the Website, the Services, these Terms (or any breach thereof) – whether in contract, warranty, tort, laws or regulation. The term also applies to any dispute over the validity, enforceability, or scope of this arbitration provision.

Step 2: Arbitration

 If your Dispute is not resolved to your satisfaction within 45 days from when we received your Notice of Dispute, you and we agree to arbitrate all Disputes between us.  As explained below, you and we also may also have the right to bring an individual action before a Small Claims Court for certain claims. You agree that arbitration or a small claims action will be your sole and exclusive remedy to resolve any dispute with us. The Federal Arbitration Act applies to this Agreement.

By agreeing to arbitrate, you are giving up the right to litigate (or participate in as a party or class member) any and all Disputes in a court before a judge or jury (except Small Claims Court). Instead, a neutral arbitrator will resolve all Disputes.

To read more about arbitration, visit www.adr.org. The American Arbitration Association (“AAA”) will conduct any arbitration under its Consumer Arbitration Rules in effect at that time. You can review the Consumer Arbitration Rules here: https://www.adr.org/sites/default/files/Consumer_Rules_Web_0.pdf. You may begin an arbitration with us by completing a Demand for Arbitration form, available by clicking here: https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_1.pdf. The completed form(s) should be returned directly to the AAA. The AAA will assign someone to manage your case. You will be contacted with instructions for continuing the arbitration process. Be sure to keep a copy of everything you send to the administrator of your arbitration or us.  If, for any reason, the AAA is unavailable, the parties shall mutually select another arbitration forum which will be governed by the AAA Consumer Arbitration Rules. The AAA rules will determine whether the arbitration will take place through written submissions by you and us, by telephone, or in person.

Class Action Waiver

 Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.

Costs

 If you initiate an arbitration with the AAA, we will promptly reimburse you for any standard filing fee you may have been required to pay by the AAA, once you have notified us in writing and provided a copy of the arbitration demand. However, if we are the prevailing party in the arbitration, we will be entitled to seek and recover our attorneys’ fees and costs, subject to the arbitrator’s determination and applicable law.

Small Claims Option

 You may also litigate any Dispute in Small Claims Court in the County of Denver, Colorado, if the Dispute meets all requirements to be heard in the small claims court. You can learn more about the Small Claims Court in the County of Denver by clicking here: https://www.denvercountycourt.org/small-claims-2/.  However, if you initiate a Small Claims case, you are responsible for all of your court costs.

Choice of Law and Forum Selection

 You agree that the laws of the State of Colorado govern this agreement and any claim or Dispute or issues arising from it, without regard to Colorado’s conflict of laws rules. Unless you and we agree otherwise, in the event that the Agreement to arbitrate above is found not to apply to you or to a particular claim or Dispute as a result of a decision by the arbitrator or a court order, you agree that any Disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in the County of Denver in the State of Colorado, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Governing Law & Exclusive Venue

Use of the Website and any claim relating to RIGHTFUL shall be governed by the laws of the State of Colorado and litigated in the State of Colorado.  Any disputes, actions, claims or causes of action arising out of or in connection with these Terms or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Colorado. The choice of law of and exclusive venue in Colorado apply to you regardless of where you are accessing the Website from even if you are accessing the Website from outside of the United States of America.

 

These Terms of Service (together with the Privacy Policy) represent the parties’ entire understanding relating to the use of the Service and supersedes any prior or contemporaneous, conflicting or additional, communications. RIGHTFUL reserves the right to change these Terms or policies relating to the Service at any time and from time to time, and such changes will be effective upon being posted herein.  You should visit this page from time to time to review the then current Terms of Service because they are binding on you.  Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Service, which may be posted from time to time.  Your continued use of the Service after any such changes and/or postings shall constitute your consent to such changes. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.

 

You may not assign these Terms of Service without the prior written approval of RIGHTFUL.  Any purported assignment in violation of this section shall be void.  RIGHTFUL reserves the right to use Third Party Providers in the provision of the Service, the Website and/or the goods, services and/or Materials associated therewith.  In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by RIGHTFUL.

 

If you have any questions regarding these terms or wish to contact us for any matter, you may email: care@rightful.com.