Version 1.0, Creation date: April 22, 2022
The Future of Health Institute (FOHI) website located at https://foh.institute is a copyrighted work belonging to FOHI. Certain features of the website may be subject to additional guidelines, terms, or rules, which will be referenced on FOHI where relevant.
All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
These Terms of Use describe the legally binding terms and conditions that oversee your use of the website. BY LOGGING INTO FOHI, YOU ARE AGREEING TO THESE TERMS and you furthermore agree that you have the authority and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS FOHI. IF YOU DISAGREE WITH ALL OR ANY OF THE PROVISIONS OF THESE TERMS, DO NOT LOG INTO AND/OR USE FOHI.
These terms require the use of arbitration Section 10.2 on an individual basis to resolve disputes and also limit the remedies available to you in the event of a dispute.
Subject to these Terms.
FOHI grants you a non-transferable, non-exclusive, revocable, limited license to access FOHI solely for your own personal, noncommercial use.
Certain Restrictions.
The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit FOHI; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of FOHI; (c) you shall not access FOHI in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of FOHI may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated. Any future release, update, or other addition to functionality of FOHI shall be subject to these Terms. All copyright and other proprietary notices on FOHI must be retained on all copies thereof.
FOHI reserves the right to change, suspend, or cease FOHI with or without prior notice to you. FOHI will not be held liable, to you or any third-party for any change, interruption, or termination of the FOHI website or any part thereof.
Support and Maintenance.
You agree that FOHI will have no obligation to provide you with any support in connection with the FOHI website. Whilst FOHI will endeavor to assist you where possible in the management and use of any account you create on the website, FOHI provides this assistance voluntarily and you agree that such assistance cannot be enforced.
Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in FOHI and its content, are owned by FOHI or FOHI associates, partners and authors. Note that these Terms and access to the Site do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1. FOHI and its Associates reserve all rights not granted in these Terms.
“User Content” means any and all information and content that a user submits to the site. You are exclusively responsible for your User Content. You bear all risks associated with use of your User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by FOHI. Because you alone are responsible for your User Content, you may expose yourself to liability. FOHI is not obliged to keep backups, digital or otherwise, of any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content, if you desire.
You hereby grant FOHI an irreversible, non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sub-licenses of the foregoing rights, solely for the purposes of including your User Content on FOHI. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.
The following terms constitute our “Acceptable Use Policy”: You agree not to use FOHI to collect, upload, transmit, display, or distribute any User Content
In addition, you agree not to:
We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.
If you provide FOHI with any feedback or suggestions regarding FOHI, you hereby assign to FOHI all rights in such Feedback and agree that FOHI shall have the right to use and fully exploit such Feedback and related information in any manner it believes appropriate. FOHI will treat any Feedback you provide to us as non-confidential and non-proprietary.
You agree to indemnify and hold FOHI and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of
FOHI reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of FOHI. FOHI will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Third-Party Links.
FOHI may contain links to third-party websites and services. Such Third-Party Links are not under the control FOHI, and FOHI is not responsible for any Third-Party Linkss. FOHI provides access to these Third-Party Links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links. You use all Third-Party Links at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
Other Users.
Each FOHI user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that FOHI will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any FOHI user, we are under no obligation to become involved.
You hereby release and forever discharge FOHI and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, FOHI. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Cookies and Web Beacons.
Like any other website, FOHI uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.
The site is provided on an “as-is” and “as available” basis, and FOHI and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make no guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
To the maximum extent permitted by law, in no event shall FOHI or our associates, partners or authors be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use FOHI even if FOHI has been advised of the possibility of such damages. Access to and use of FOHI is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty U.S. dollars (U.S. $50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Term and Termination.
Subject to this Section, these Terms will remain in full force and effect while you use FOHI. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of FOHI in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use FOHI will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. FOHI will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3 and Sections 4 through 10.
Please refer to our Copyright page to secure additional information on applicable copyrights and remedies for suggested copyright infringement.
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on FOHI. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on FOHI. These changes will be effective immediately for new users of FOHI. Continued use of FOHI following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Please read this Arbitration Agreement carefully. It is part of your contract with FOHI and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement.
All claims and disputes in connection with the Terms or the use of any product or service provided by FOHI that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and FOHI, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution.
Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. A Notice to FOHI should be sent to: 1212 Corporate Drive, Suite 100, Irving, Texas, 75039. After the Notice is received, you and the FOHI may attempt to resolve the claim or dispute informally. If you and the FOHI do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.
Arbitration Rules.
Arbitration shall be initiated through the American Arbitration Association, an established alternative dispute resolution provider that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that FOHI made to you prior to the initiation of arbitration, FOHI will pay you the greater of the award or $2,500.00. Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration.
If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits.
If you or FOHI pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator.
If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and FOHI, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and FOHI.
Waiver of Jury Trial.
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less expensive than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and FOHI in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND FOHI WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions.
All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
Confidentiality.
All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability.
If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive.
Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement.
This Arbitration Agreement will survive the termination of your relationship with FOHI.
Small Claims Court.
Nonetheless the foregoing, either you or FOHI may bring an individual action in small claims court.
Emergency Equitable Relief.
Anyhow the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration.
Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Netherlands County, California, for such purposes.
FOHI may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from FOHI, or any products utilizing such data, in violation of the United States export laws or regulations.
FOHI is located at the address in Section 10.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Electronic Communications.
The communications between you and FOHI use electronic means, whether you use the Site or send us emails, or whether FOHI posts notices on FOHI or communicates with you via email. For contractual purposes, you
Entire Terms.
These Terms constitute the entire agreement between you and us regarding the use of FOHI. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to FOHI is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without FOHI's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. FOHI may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Your Privacy.
Please read our Privacy Policy.
Copyright/Trademark Information.
Copyright © 2022. All rights reserved. All trademarks, logos and service marks displayed on FOHI are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Address: 1212 Corporate Drive, Suite 100, Irving, Texas, 75039
Mail to: legal[@]foh.institute
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