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Untoxicated

TERMS & CONDITIONS

***THIS AGREEMENT CONTAINS A BINDING MUTUAL ARBITRATION PROVISION (INCLUDING A CLASS ACTION WAIVER). BY ACCEPTING THIS AGREEMENT YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND AGREE TO BINDING ARBITRATION***

The headings preceding the text of the paragraphs of the following Policy have been inserted solely for convenience of reference and do not affect its meaning, interpretation or effect.

1-TERMS OF SERVICE

These terms and conditions of use (“Terms of Use”) govern your use of the online interfaces and properties (e.g., website) owned and controlled by No Allergy, Inc. d/b/a Untoxicated (“Untoxicated”), including the www.untoxicated.com website and e-commerce service provided by SHOPLINE (also referred to as the “Site”).  By using the Site, you agree to be bound by, and comply with, these Terms of Use.  If you do not agree to be bound by the Terms of Use, promptly exit this Site. Please also consult our Privacy Policy for a description of our privacy practices and policies.  BY USING THE SITE, YOU AGREE TO BE BOUND BY, AND COMPLY WITH, THESE TERMS OF USE. IF YOU DO NOT AGREE, YOU SHOULD NOT USE OUR SITE.

Our online store is hosted by SHOPLINE, the online e-commerce platform that allows us to sell our products to you. Any new features or tools which are added to the current store shall also be subject to Shopify’s Terms of Use. You can review the most current version of SHOPLINE's Terms of Use at any time.

By agreeing to these Terms of Use, you represent and warrant that (i) you are at least the age of majority in your state of residence; and (ii) that your activities are lawful in every jurisdiction where you access or use the Site.  If you are not at least the age of majority in your state of residence, you may only use this Site with the involvement and consent of a parent or legal guardian. 

2- PROHIBITED USES OF OUR SITE & ITS CONTENT

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses, malware, spyware, adware, Trojan horses, worms, logic bombs, keystroke loggers or any other type of malicious code or programs that will or may be used in any way that will affect the functionality or operation of the Site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site, other websites, or the Internet. You are prohibited from using any robots, spiders, data mining or scraping technology or any similar third party tools for the extraction or reproduction of any data or content from our website without our prior written consent. We reserve the right to terminate your use of the Site for violating any of the prohibited uses.

3- UNATHORIZED USE OF MATERIALS ON OUR SITE 

All material from the Site is the property of Untoxicated, its licensors or suppliers and unauthorized use of such material is strictly prohibited. This includes, without limitation, all data, files, documents, text, photographs, images, audio, video, and any materials accessed through or made available for use or download through this Site (“Content”). The Site and all such Content is protected by intellectual property laws around the world, and all rights are reserved. 

Content may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized by these Terms of Use or otherwise approved in writing by Untoxicated. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content, or other proprietary information (including images, text, page layout, or form) of Untoxicated without our express written consent.

Untoxicated’s Intellectual Property may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Untoxicated or its products.

Untoxicated respects the intellectual property rights of others and expects its users to do the same.  In accordance with the Digital Millennium Copyright Act (“DMCA”), if you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, and believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.  We will respond promptly to a notice of alleged infringement (“Copyright Notice”) that is reported to Untoxicated’s Designated Copyright Agent, identified below:

  • Identify the copyrighted works that you claim have been infringed.
  • Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
  • Provide your mailing address, telephone number, and, if available, email address.
  • Include both of the following statements in the body of the Copyright Notice:
    • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
    • “I hereby state that the information in this Copyright Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  • Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to our Copyright Agent:

Untoxicated 

Attn: Legal Department 

2000 Auburn Dr, Ste 200

Beachwood, OH 44122

4- PERMITTED USE OF MATERIALS ON OUR SITE

The content on our Site is provided for your personal, private and non-commercial use only. You may print or share the content from our Site for lawful personal, private and non-commercial purposes, and you may also make others within your organization aware of the content on our Site. You may not otherwise extract, reproduce, sell, resell, exploit or distribute the content of our Site without our express prior written consent. Whenever you print, download, share or pass on content from our Site to others, you must not make any additions or deletions or otherwise modify any text from our Site, you must not alter or change any images, media or graphics from our Site in any way, you may not remove any accompanying text from such images, media or graphics, and you must ensure that all content passed on to any third party is an accurate representation of the content as it appears on our Site.

5- THIRD PARTY SITES 

Untoxicated makes no representations whatsoever about any third party websites or materials that you may access through this Site.  A link to a third party website or material does not mean that Untoxicated endorses or accepts any responsibility for the content, or the use, of the linked website or material.  We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party 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.

6- LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, WE (INCLUDING OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DAMAGES ARISING OUT OF CHANGES TO OR TERMINATION OF THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, ACTUAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON NO ALLERGY INC.’S (D/B/A UNTOXICATED) LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN WILLINGLY AGREES) THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM NO ALLERGY INC. (D/B/A UNTOXICATED) AND THAT THIS IS A REASONABLE ALLOCATION OF RISK.

YOU SPECIFICALLY AGREE THAT WE SHALL NOT BE LIABLE FOR ANY CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

YOU AGREE THAT IN THE EVENT THAT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES ARISING OUT OF, OR IN CONNECTION WITH, OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY US, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY US.

TO THE EXTENT THAT ANY OF THE PROVISIONS OF THIS CLAUSE (EXCLUSIONS AND LIMITATIONS OF LIABILITY) ARE UNENFORCEABLE AS OUTRIGHT EXCLUSIONS OF LIABILITY, THEY SHALL BE CONSTRUED AS LIMITATIONS ON LIABILITY, LIMITING OUR LIABILITY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU ARE A CONSUMER, THE PROVISIONS IN THESE TERMS OF USE ARE INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAWS OF YOUR STATE OF RESIDENCE.

7- DISCLAIMER OF WARRANTIES  

THE SITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: THE SITE CONTENT; USER CONTENT; OR SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE SITE.

IN ADDITION, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

WE DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE ERROR-FREE, TYPO-FREE, AVAILABLE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES.

WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITE IS ACCURATE, COMPLETE OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOUR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

WE DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ACTION OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

8- PURCHASE TERMS

In addition to any other terms relating to product purchases, returns, trade-ins, and shipping and handling on the Site, the following terms apply when you purchase a product on the Site:

  1. NOTWITHSTANDING THE FOREGOING, NO STATEMENTS OUTSIDE THE TERMS OF THIS AGREEMENT, INCLUDING STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE, WHETHER MADE BY OUR EMPLOYEES OR OTHERWISE, IS A WARRANTY OR PROMISE BY US AND WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH STATEMENTS.

    PRODUCTS LISTED ON THE SITE ARE OFFERED AND SOLD “AS IS” AND WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. We do not warrant that any product, description, photograph, pricing, or other information is accurate, complete, reliable, current or error-free.

  2. All prices are shown in U.S. dollars. Taxes, shipping and handling charges are additional. All prices and taxes are subject to change or adjustment without notice. Untoxicated reserves its right to expire or modify any promotion at any time. You are responsible for paying all costs associated with your purchase, and for providing accurate and current payment information. 

  3. You agree to pay the shipping and any handling charges shown on the Site when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice. Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts. Any shipping times shown on the Site are estimates only – actual delivery dates may vary. You are solely responsible for providing all information necessary for us to ship purchased products to you.  Please refer to our Shipping Policy for additional information.

  4. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. Certain products may be available exclusively online through the Site. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.  In the event your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your original form of payment. Please refer to our Return Policy for additional information.

  5. We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We reserve the right to cancel orders at our discretion if we believe that a customer violates applicable law or acts in a way that is harmful to our interests. Untoxicated also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, reselling shall be defined as purchasing or intending to purchase any products from Untoxicated for the purpose of engaging in a commercial sale of those same products with a third party.

  6. As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) requiring additional verifications or information before accepting any order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.  

  7. Promo discounts and/or coupon codes (“Promotions”) can be specific to dates, products or services, or minimum or maximum total amounts. Promotions cannot combine with any other offers and there is a limit of one Promotion per order. Promotions have no cash value, cannot be redeemed for cash, cannot be transferred, are non-refundable and can not be retroactively applied to prior purchases.  The unauthorized reproduction, resale, modification, distribution or trade of promotional discounts and/or coupon codes is prohibited. Promotional discounts and/or coupon codes are void where prohibited, taxed, or restricted. Untoxicated reserves the right to change or limit Promotions in its sole discretion at any time.

  8. You acknowledge that the products and content which are sold or licensed on the Site, which may include physical goods as well as technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured or received. By purchasing, downloading or using technology or software from the Site, you agree to abide by the applicable laws, rules, and regulations – including, but not limited to, the Export Administration Act and the Arms Export Control Act – and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law. By purchasing any products, you agree that you will not use any products, or provide products to any person, who is forbidden from receiving the product under the Export Administration Regulations or any economic sanctions maintained by the U.S. Department of Treasury. U.S. anti-boycott regulations, or U.S. economic sanctions, including the export and anti-boycott restrictions found in the Export Administration Regulations or the sanctions regulations administered by the U.S. Office of Foreign Assets Control. You shall indemnify and hold harmless Untoxicated from all claims, demands, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision or applicable export control, anti-boycott, or economic sanctions laws and regulations.

  9. The processing of your payments to purchase our products & services will be subject to the terms, conditions and privacy policies of the payment processor in addition to these Terms of Use. We are not responsible for errors by the payment processor. By choosing to purchase our products and services, you agree to pay us, through the payment processor, all charges at the prices then in effect for the products and services in accordance with the applicable payment terms, and you authorize us, through the payment processor, to charge your chosen payment method.  We reserve the right to correct any errors or mistakes that the payment processor makes even if it has already requested or received payment.

If a credit card account is being used for a transaction, Untoxicated may obtain pre-approval for an amount up to the amount of the payment. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking “Pay Now” on the checkout page. An order submitted by you constitutes a legally binding offer given by you to us to purchase the products and services specified in that order, subject to these Terms of Use, at the price and on the terms stated when you sign up or place your order.

All orders are subject to acceptance by us. Your order will not be considered accepted until we have received payment of the full purchase price of your order, including any delivery charges. We may send an acknowledgment of our receipt of your order to the email address you provide, after your payment for the order has been processed, so that you may print the information for your records. Unless otherwise stated at the time you place your order, title and risk of loss pass to you upon release of the order to the shipping carrier, unless it is deemed that an error was otherwise made by Untoxicated during the order fulfillment process. 

You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct, current, and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.

If you enroll to make recurring payments automatically, all charges and fees will be billed to your account without further authorization, until you provide prior written notice (receipt of which is confirmed by Untoxicated) that you have terminated this authorization.  Such notice will not affect charges submitted before we reasonably could act.

If you want to designate a different credit card or if there is a change in your credit card or other account details, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information. 

To terminate your authorization, or to change your payment or billing information or subscription services, you may do so in your Account or by Contacting Us as outlined at the end of this Policy. 

9- PERSONAL INFORMATION, ACCOUNTS & PRIVACY 

Personal Information & Accounts

Our Privacy Policy describes how we collect and use personal information about you through the Site. You are responsible for protecting your account log-in credentials from unauthorized access and use. You must promptly notify us of any known or suspected unauthorized use of your account or the Site by Contacting Us as outlined at the end of this Policy.

You are solely responsible for the activity that occurs on your account, and for keeping your account user ID and password secure. You may never share your user ID or password with any third party or use another person’s user ID, password, or registration information for the Site or Site-related services without permission. You should never publish, distribute, or post login information for your account.

You have the ability to delete your account, either directly by logging into your Account or by Contacting Us as outlined at the end of this Policy.

Your account or other access to the Site may be revoked by Untoxicated at any time with or without cause. You agree to defend, indemnify, and hold Untoxicated harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Untoxicated arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Site, or access by anyone accessing the Site under your account or using your user ID and password.

Violations of system or network security may result in civil or criminal liability. Untoxicated will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. 

User Generated Content, Ratings, Feedback & Other Site Postings

If you submit, upload, or post any comments, ideas, suggestions, information, files, videos, images, or other materials to or for use on our Site (“User Generated Content”), you agree not to provide any User Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to Untoxicated that you have the legal right and authorization to provide all User Generated Content to Untoxicated for the purposes and Untoxicated’s use as set forth herein. Untoxicated shall have a royalty-free, irrevocable, transferable right and license to use the User Generated Content in whatever manner Untoxicated desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, or sell or distribute such User Generated Content or incorporate such User Generated Content into any form, medium, or technology throughout the world. Untoxicated is and shall be under no obligation (1) to maintain any User Generated Content in confidence, (2) to pay to you any compensation for any User Generated Content, or (3) to respond to any User Generated Content.

Untoxicated does not regularly review posted User Generated Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Generated Content submitted to the Site. You grant Untoxicated the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. Untoxicated and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party.

You agree to defend, indemnify, and hold Untoxicated harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Untoxicated arising out of any User Generated Content you post or allow to be posted to the Site.

10- FORM OF DISPUTE RESOLUTION

We will try to work in good faith to resolve any issue you have with Site, including products and services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.

These Terms of Use provide that all disputes between you and Untoxicated that in any way relate to these Terms of Use or your use of the Site will be resolved by binding arbitration. Accordingly, you understand and agree that you will waive your right to have any dispute or claim brought, heard or arbitrated as a class action, collective action or representative action (the “Class Action Waiver”) to assert or defend your rights under these Terms of Use (except for matters that may be taken to small claims court). Your rights will be determined by a neutral arbitrator and NOT a judge or jury and your claims cannot be brought as a class action.  Notwithstanding any other clause contained in these Terms of Use or the rules of the American Arbitration Association, any claim that all or part of this Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable must be determined only by a court of competent jurisdiction and may not be determined by an arbitrator.

Should you bring a claim against Untoxicated for any alleged act or omission of Untoxicated relating to or arising from these Terms of Use, such action must be brought within one year from the date of the alleged conduct giving rise to the cause of action. Failure to bring such action within such time shall bar all claims against Untoxicated for such act or omission. You hereby relinquish and waive all claims permissible by any other applicable statutes of limitation.

Any controversy, claim or dispute of whatever nature arising between a user of the Site, on the one hand, and Untoxicated and/or the Related Parties (as defined below), on the other, including but not limited to those arising out of or relating to the Terms of Use or any other relationship of a user of the Site and Untoxicated and/or the Related Parties (for purposes of this Section each is a “party”), whether such claim is based on rights, privileges or interests recognized by or based upon statute, contract, tort, common law, or otherwise (“Dispute”), shall be settled through negotiation, mediation or arbitration, as provided below.

Negotiation

If a Dispute arises, the parties shall first attempt in good faith to resolve it promptly by negotiation. Any of the parties involved in the Dispute may initiate negotiation by providing notice (the “Dispute Notice”) to each involved party setting forth the subject of the Dispute and the relief sought by the party providing the Dispute Notice, and designating a representative who has full authority to negotiate and settle the Dispute. Within ten (10) business days after the Dispute Notice is provided, each recipient shall respond to all other known recipients of the Dispute Notice with notice of the recipient’s position on and recommended solution to the Dispute, and designating a representative who has full authority to negotiate and settle the Dispute. Within twenty (20) business days after the Dispute Notice is provided, the representatives designated by the parties shall confer either in person at a mutually acceptable time and place or by telephone, and thereafter as often as they reasonably deem necessary to attempt to resolve the Dispute.

Mediation

At any time twenty (20) business days or more after the Dispute Notice is provided, but prior to the initiation of arbitration, regardless of whether negotiations are continuing, any party may submit the Dispute to JAMS (Judicial Arbitration and Mediation Services - http://www.jamsadr.com) for mediation by providing notice of such request to all other concerned parties and providing such notice and a copy of all relevant Dispute Notices and notices responding to JAMS. In such case, the parties shall cooperate with JAMS and with one another in selecting a mediator from the JAMS panel of neutrals and in promptly scheduling the mediation proceedings, and shall participate in good faith in the mediation either in person at a mutually acceptable time and place or by telephone, in accordance with the then-prevailing JAMS’s mediation procedures and this Section, which shall control.

Arbitration

Any Dispute not resolved in writing by negotiation or mediation shall be subject to and shall be settled exclusively by final binding arbitration before a single arbitrator in Beachwood, Ohio or a mutually agreeable location in accordance with the then-prevailing Consumer Arbitration Rules of the American Arbitration Association (“AAA”). No party may commence arbitration with respect to any Dispute unless that party has pursued negotiation and, if requested, mediation, provided, however, that no party shall be obligated to continue to participate in negotiation or mediation if the parties have not resolved the Dispute in writing within sixty (60) business days after the Dispute Notice was provided to any party or such longer period as may be agreed by the parties in writing. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case. Notwithstanding any contrary rules promulgated by the AAA, the following shall apply to all Arbitration actions:

  • The Federal Rules of Evidence shall apply in all cases;
  • The parties shall be entitled to all discovery rights permitted by the Federal Rules of Civil Procedure;
  • The parties shall be entitled to bring motions under Rules 12 and/or 56 of the Federal Rules of Civil Procedure;
  • The arbitration shall occur within one hundred-twenty (120) days from the date on which the arbitrator is appointed, and shall last no more than five (5) business days;
  • The parties shall be allotted equal time to present their respective cases, including cross-examinations.

The arbitrator shall not have the power to alter, modify, amend, add to or subtract from any provision of the Terms of Use, or to rule upon or grant any extension, renewal or continuance of the Terms of Use. Moreover, the arbitrator shall not have the power to award special, incidental, indirect, punitive, exemplary, or consequential damages of any kind or nature, however caused.

All communications, whether verbal, written or electronic, in any negotiation, mediation or arbitration action shall be treated as confidential and those made in the course of negotiation or mediation, including any offer, promise or other statement, whether made by any of the parties, their agents, employees, experts, or attorneys, or by the mediator or any JAMS employee, shall also be treated as compromise and settlement negotiations for purposes of applicable rules of evidence and shall be inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in negotiation or mediation.

The costs of negotiation, mediation, and arbitration, including fees and expenses of any mediator, arbitrator, JAMS, the American Arbitration Association, or other persons independent of all parties acting with the consent of the parties to facilitate settlement, shall be shared in equal measure by the user of the Site, on the one hand, and Untoxicated and any Related Parties involved, on the other. The parties shall bear their own legal fees and expenses of negotiation, mediation and arbitration.

Although the Terms of Use agreement is made and entered into between a user of the Site and Untoxicated, Untoxicated’s affiliates, owners, members, managers and employees (“Related Parties”) are intended third party beneficiaries of the Terms of Use, including this agreement to negotiate, mediate and arbitrate. The parties acknowledge that nothing in these policies is intended to create any involvement by, responsibility of, or liability of the Related Parties with respect to any dealings between an user of the Site and Untoxicated, and the parties further acknowledge that no provision of the Terms of Use shall be argued by any party to constitute any waiver by the Related Parties of any defense which the Related Parties may otherwise have concerning whether they can properly be made a party to any dispute between an user of the Site and Untoxicated.

Any party may seek specific performance of this Section, and any party may seek to compel each other party to comply with the provisions of this Section by petition to a court of competent jurisdiction in the State of Ohio. The pendency of a mediation shall not preclude a party from seeking provisional remedies in aid of the arbitration from a court of appropriate jurisdiction in the State of Ohio, and the parties agree not to defend against any application for provisional relief on the ground that a mediation is pending. The prevailing party in any proceeding enforcing the provisions of this Section shall be entitled to recover from the other party the reasonable attorneys’ fees and costs incurred by the petitioning party in obtaining the requested relief. If any portion of this Section is held to be unenforceable for any reason, the remainder shall remain in full force and effect.

Nothing in this Section shall preclude any party from seeking interim or provisional relief concerning the Dispute, including a temporary restraining order, a temporary or preliminary injunction, or an order of attachment, either prior to or during negotiation, mediation or arbitration.

Jurisdiction and venue of any matter not subject to arbitration shall lie exclusively in Beachwood, Ohio. The Federal Arbitration Act shall govern all matters relating to arbitration. The laws of the State of Ohio shall govern all other matters relating to or arising from the Terms of Use or any element of your relationship with Untoxicated.

In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable for any reason, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. The severed provision, or portion thereof, shall be reformed to reflect the purpose of the provision as closely as possible.

The failure of Untoxicated to partially or fully exercise any rights or remedies that may be available to it, or the waiver of Untoxicated of any breach of these Terms of Use by you shall not prevent a subsequent exercise of such rights by Untoxicated and shall not be deemed a waiver by Untoxicated of any subsequent breach by you of the same or any other provision of the Terms of Use. Our rights and remedies under the Terms of Use and any other applicable agreement between you and Untoxicated shall be cumulative, and the exercise of any such right or remedy shall not limit our ability to exercise a different or additional right or remedy.

11- ADA COMPLIANCE & ACCESSIBILITY

Untoxicated strives to ensure that its services are accessible to people with disabilities. The Site has invested a significant amount of resources to help ensure that its website is made easier to use and more accessible for people with disabilities, with the strong belief that website accessibility efforts assist all users and that every person has the right to live with dignity, equality, comfort and independence.

Untoxicated measures compliance within the framework of the Web Content Accessibility Guidelines (WCAG 2.1) standard. We understand that this is a continuous effort to constantly improve the accessibility of our site and services in the belief that it is our collective moral obligation to allow seamless, accessible and unhindered use also for those of us with disabilities.

We are here for you. If you are experiencing difficulty with any content on www.untoxicated.com or require assistance with any part of our site, please Contact Us as outlined at the end of this Policy.

12- COMPANY CONTACT INFORMATION

Untoxicated is a Delaware C-Corporation (EIN 86-3834814). Our address is 2000 Auburn Drive, Suite 200, Beachwood, Ohio 44122. 

Untoxicated’s Legal Department must be contacted - and all legal notices sent - by registered or certified mail to the following address: 

Untoxicated

Attn: Legal Department

2000 Auburn Drive, Suite 200

Beachwood, Ohio 44122 

Additionally, if you have any non-legal questions regarding our Terms of Use, you may Contact Us or email us at care@untoxicated.com. 

13- UPDATES TO TERMS OF USE

Untoxicated reserves the right to change or modify the Terms of Use at any time, without notice (other than updating this Site) and at its sole discretion. Unless otherwise provided, any changes or modifications to the Terms of Use will be effective upon posting of the revisions. Your continued use of this site following posting of any changes or modifications constitutes your acceptance of such changes or modifications.  If you do not agree with these changes or modifications, you must immediately cease using the Site. 

Last Updated: November 25, 2025