TERMS OF SERVICE


Caitlyn Edson Nutrition, LLC (the “Company” “we,” “us,” “our”) provides certain services and makes certain content available through its website https://www.caitlynedsonnutrition.com/ (the “Website”) subject to the following Terms of Service (the “Terms of Service”). These Terms of Service are a legal contract between you and the Company.  By accessing or viewing any product listed for sale or registering for any service provided by the Company on the Website (each a “Service” and collectively the “Services”), you become a client (“Client”) and you agree to be bound by all of the terms set forth in these Terms of Service for as long as you remain a Client. PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY GOVERN YOUR USE OF THE WEBSITE AND SERVICES, PARTICULARLY THOSE SECTIONS WHICH AFFECT YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US.


  1. Modifications to Terms of Service. 

We reserve the right, at our sole discretion, to change or modify any portion of these Terms of Service at any time.  If we do this, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last modified and/or notify you in an email notification or through other reasonable means and as required by applicable law.  Your continued use of any Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. 


  1. Access and Use of Services.
  2. Use Description.

The Company’s Services, and any content viewed through our Services, is solely for your personal and non-commercial use. With your Company subscription, we grant you a limited, non-exclusive, non-transferable, license to use our Services. Except for the foregoing limited license, no right, title or interest shall be transferred to you. The Company may revoke your license at any time in its sole discretion.  Upon such revocation, you must promptly destroy all content downloaded or otherwise obtained through the Services, as well as copies of such materials, whether made in accordance with these Terms of Service or otherwise.

  1. Your Registration Obligations. 

You may be required to register with the Company in order to access and use certain features of the Services. If you choose to register for Services, you represent and warrant that: 

  1. you are at least 18 years of age;
  2. you will provide and maintain true, accurate, current and complete information about yourself as prompted by any Company registration form; and that your answers to any registration materials on the Website will be truthful;
  3. you do not have more than one account on our Website; and 
  4. you have not previously been removed from the Service by us, unless you have express written permission to create a new account.

In accessing and using the Website, you understand and agree that basic information concerning you, given to the Company, will be collected by us and/or our third-party vendors.  Any such collected information is governed by our Privacy Policy https://caitlyn-edson-s-school.teachable.com/p/privacy.    

  1. Member Account, Password. and Security. 

You may never use another’s account, and you may not provide another person with the username and password to access your account. You should maintain control over all of the devices that are used to access the Services. If you fail to maintain control of a device, other users may access the Services through your account and may be able to access certain of your account information. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to (a) immediately notify the Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing a Service.  You acknowledge and agree that the Company will not be liable for any loss or damage arising from your failure to comply with this Section.

  1. Modifications to Services.

The Company reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that the Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.  We have no obligation to retain any of your account or submitted content for any period of time beyond what may be required by applicable law.

  1. General Practices Regarding Use and Storage.

You acknowledge that the Company may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on the Company’s servers on your behalf. You agree that the Company has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by a Service you subscribed to. You acknowledge that the Company reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that the Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

  1. Mobile Services.

The Services may include certain services that are available via a mobile device, including (a) the ability to upload content to a Service via a mobile device, (b) the ability to browse a Service and the Website from a mobile device, and (c) the ability to access certain features pf a Service through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”).  To the extent you access a Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.  In using the Mobile Services, you may provide your telephone number. By providing your telephone number, you consent to receive calls and/or SMS, MMS, or text messages at that number. We may share your phone numbers with our affiliates or with our service providers (such as customer support, billing or collections companies, and text message service providers) who we have contracted with to assist us in pursuing our rights or providing our Services under these Terms of Service, our policies, applicable law, or any other agreement we may have with you. You agree these parties may also contact you using autodialed or prerecorded calls and text messages, as authorized by us to carry out the purposes we have identified above, and not for their own purposes.  In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information with the Company to ensure that your messages are not sent to the person that acquires your old number.


  1. Conditions of Use.
  2. User Conduct. 

You remain solely responsible for your use of any information contained on the Website. The Company reserves the right to investigate and take appropriate legal action against anyone who, in the Company’s sole discretion, violates this Section, including, without limitation, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use any Service to:

  1. email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose the Company or its users to any harm or liability of any type;
  2. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
  3. violate any applicable local, state, national, or international law, or any regulations having the force of law;
  4. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; 
  5. spam or solicit money or other items of value from through the Website, whether as a gift, loan, or other form of compensation, or otherwise defraud anyone through the Website;
  6. harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  7. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
  8. further or promote any criminal activity or enterprise or provide instructional information about illegal activities; 
  9. bully, intimidate, assault, harass, mistreat or defame, or otherwise mistreat any person;
  10. post any content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  11. post any content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence;
  12. obtain or attempt to access or otherwise improperly obtain any materials or information through any means not intentionally made available or provided for through the Service.
  13. Fees.

To the extent the Services, or any portion thereof, is made available for any fee, you will be required to select a payment option and provide the Company information regarding your credit card or other payment instrument. You represent and warrant to the Company that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay the Company the amount that is specified (as well as any applicable taxes) in accordance with the terms of such plan and these Terms of Service. You hereby authorize the Company to bill your payment instrument in accordance with the payment terms (as well as any applicable taxes), and you further agree to pay any charges so incurred. If you dispute any charges you must let the Company know within sixty (60) days after the date that the Company charges you. We reserve the right to change the Company’s prices. Your continued use of any Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on the Company’s net income.

All charges for Services are non-refundable. 

  1. Commercial Use.

Unless otherwise expressly authorized herein, or by the Company in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Website and/or the Services. The Services are solely for your non-commercial and personal use.

  1. Privacy Policy.
  2. General. 

The Company respects your privacy and is committed to protecting it through our compliance with our Privacy Policy which can be found at https://caitlyn-edson-s-school.teachable.com/p/privacy.  The Privacy Policy describes the types of information we may collect from you or that you may provide when you visit the Website and our practices for collecting, using, maintaining, protecting, and disclosing that information.  The Privacy Policy applies to information we collect on the Website, and in email and other electronic messages between you and the Website.  It does not apply to information collected (1) by us offline or (2) by any third party, including through any application or content (including advertising) that may link to or be accessible from the Website.

Please read the Privacy Policy carefully at https://caitlyn-edson-s-school.teachable.com/p/privacy to understand our policies and practices regarding how we treat your information.  By accessing or using this Website, you agree to the Privacy Policy.  The Privacy Policy may change from time to time.  You will be notified in writing of any change(s) to the Privacy Policy.  Please do not use the Website if you do not agree to the Privacy Policy, or the other terms and conditions described in these Terms of Service.


  1. Intellectual Property Rights.
  2. Service Content, Software, and Trademarks.

You acknowledge and agree that the Services may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws.  Except as expressly authorized by the Company, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Website.  In connection with your use of the Services and/or the Website, you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods.  If you are blocked by the Company from accessing the Services and/or the Website (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).  Any use of the Website, Services, or Service Content other than as specifically authorized herein is strictly prohibited.  The technology and software underlying the Services or distributed in connection therewith are the property of the Company, our affiliates and our partners (the “Software”).  You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.  Any rights not expressly granted herein are reserved by the Company.

  1. Third Party Material.

Under no circumstances will the Company be liable in any way for any content or materials of any third parties (including users), including, but not limited to, advertisements, promotions, links to third-party websites or resources, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content.  You acknowledge that the Company does not pre-screen content, but that the Company and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services.  Without limiting the foregoing, the Company and its designees will have the right to remove any content that violates these Terms of Service or is deemed by the Company, in its sole discretion, to be otherwise objectionable.  You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

  1. User Content Transmitted Through the Services.

With respect to the content or other materials you upload through the Services or share with others (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that you have all required rights to post or transmit such content or other materials without violation of any third-party rights. By uploading any User Content you hereby grant and will grant the Company, its affiliated companies, and partners (including but not limited to the Company instructors, practitioners, and other third parties providing instructional information through the Services, collectively “partners”) a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify and otherwise use and fully exploit your User Content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise).

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information relevant to the Service excluding any PHI about your medical history and current health that may be protected under HIPAA and applicable state law (“Submissions”), provided by you to the Company, its affiliated companies or partners are non-confidential and the Company, its affiliated companies and partners will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that the Company may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of the Company, its users, and the public. You understand that the technical processing and transmission of the Services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

  1. Copyright Complaints. 

The Company respects the intellectual property of others.  If you believe in good faith that any materials on the Website infringe upon your copyrights, please send the following information to [email protected]. 

  1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at on the Website are covered by a single notification, a representative list of such works on the Website;
  2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  3. Your address, telephone number, and email address;
  4. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or are authorized to act on the copyright owner’s behalf;
  5. A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest.
  6. Counter-Notice. 

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to [email protected]: your physical or electronic signature; identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by us, we will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.

  1. Repeat Infringer Policy. 

The Company has adopted a policy of terminating, in appropriate circumstances and at the Company’s sole discretion, users who are deemed to be repeat infringers.  The Company may also at its sole discretion limit access to the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

  1. Third Party Websites.

The Services may provide, or third parties may provide, advertisements, promotions, links, or other access to other sites and resources on the Internet.  The Company has no control over such sites and resources and the Company is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that the Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods, or services available on or through any such site or resource.  Any dealings you have with third parties found while using a Service are between you and the third party, and you agree that the Company is not liable, in whole or in part, for any loss or claim that you may have against any such third party.


  1. Indemnity & Release.

The information, content, and Services provided by the Company are for informational and educational purposes only and are not intended to be a substitute for professional medical advice, diagnosis, or treatment.  All nutrition recommendations, meal plans, recipes, and related content contained in the Website and/or the Services are generalized suggestions that may not be appropriate for all individuals due to differences in age, weight, health conditions, activity levels, and individual needs. You should not use the information, content, or Services to diagnose or treat a health problem or disease without consulting with a qualified healthcare provider.  By using the Website and/or the Services, you acknowledge and agree that: 

  1. The Company is not providing medical advice and does not create a doctor-patient or healthcare provider relationship with you; 
  2. You expressly and voluntarily assume all risks associated with any changes you make to your diet, lifestyle, or exercise regimen based on information obtained through the website and/or Services, including (i) allergic reactions or adverse effects from foods, supplements, or practices mentioned; (ii) complications or adverse effects due to pre-existing health conditions; (iii) negative consequences resulting from implementing dietary changes or tools without proper medical supervision and care; and (iv) any harm resulting from misinterpretation or misapplication of the information and content displayed on the Website and/or the Services; 


  1. The Company shall not be liable for any adverse effects, consequences, or results arising from your use of or reliance on the Services, including any nutrition plans, recipes, or advice provided; and 
  2. You will consult with your physician or other qualified healthcare provider before beginning any nutrition program, particularly if you have or suspect you might have a health problem, are pregnant or nursing, or are under the age of 18. 

By using the Website and/or any of the Services, you agree that in no event will the Company, its members, officers, managers, employees, agents, affiliates, and/or licensees be liable for any direct or indirect, incidental, special, or consequential damages as a result of your accessing the Website and using any of the Service. Your sole remedy for any breach or default of these Terms of Service by the Company, or for any damages sustained from using the Website and/or the Services, shall be a return of a proportional amount of fees paid to the Company for any Service provided under these Terms of Service. You agree to indemnify and to defend and hold harmless the Company, its members, officers, managers, employees, agents, affiliates, and/or licensees for any losses, costs, liabilities, and expenses (including but not limited to court costs, legal fees, awards, or settlements) relating to or arising out of your use of the Website or the Services, including any breach by you of these Terms of Service. 



  1. Disclaimer of Warranties.

YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

THE COMPANY MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES AND/OR THE WEBSITE WILL MEET YOUR EXPECTATIONS.


  1. Limitation of Liability.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE WEBSITE AND/OR SERVICES; (B) THE CONDUCT OR CONTENT OF ANY USERS OR THIRD PARTIES ON OR THROUGH ANY OF OUR WEBSITES OR IN CONNECTION WITH THE SERVICES; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE AND/OR SERVICES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE AND/OR SERVICES; OR (F) ANY OTHER MATTER RELATING TO THE WEBSITE AND/OR SERVICES. IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID THE COMPANY FOR USE OF THE SERVICES IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CAUSE(S) OF ACTION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.


  1. Binding Arbitration.

All disputes, claims, and other controversies arising out of or relating to the Website, any Service(s), these Terms of Service, or the breach thereof (a “Covered Claim”), shall be settled on an individual basis by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.  The arbitration shall be conducted on a confidential basis and shall be held in the State of New York, County of Saratoga, and you irrevocably and unconditionally waive any objection based on jurisdiction, improper venue, or inconvenient forum.  Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees.  Except as specified herein, any arbitration of a Covered Claim will be conducted under the auspices and rules of JAMS in accordance with and subject to JAMS’ then-current commercial arbitration rules and procedures (and the then-existing emergency relief procedures contained in the JAMS comprehensive arbitration rules and procedures if either party seeks emergency relief prior to the appointment of an arbitrator) (collectively, the “JAMS Arbitration Rules”).  To the extent any of the terms, conditions or requirements of these Terms of Service conflict with the JAMS Arbitration Rules, the terms, conditions or requirements of these Terms of Service shall govern.  If a Covered Claim may not be arbitrated before JAMS on an individual basis, or is otherwise excluded from or not subject to arbitration before JAMS, then the Covered Claim will be resolved by final and binding arbitration conducted under the auspices and rules of the AAA in accordance with and subject to AAA’s then-current commercial arbitration rules and procedures (and the then-existing emergency relief procedures, if any, contained in the AAA comprehensive arbitration rules and procedures if either party seeks emergency relief prior to the appointment of an arbitrator) (collectively, the “AAA Arbitration Rules”), or any successor rules, except as specified herein.   If the AAA is substituted for JAMS, every applicable reference in this agreement to arbitrate shall be read as meaning the AAA.  NO ARBITRATION UNDER THIS AGREEMENT TO ARBITRATE SHALL BE SUBJECT TO THE JAMS OR AAA CLASS ACTION PROCEDURES.


  1. Termination.

You agree that the Company, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Website and/or Services and remove and discard any content, for any reason, including, without limitation, for lack of use or if the Company believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service or any applicable law. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Website and/or the Services, may be referred to appropriate law enforcement authorities.  The Company may also, in its sole discretion and at any time, discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms of Service may be affected without prior notice and acknowledge and agree that the Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files, the Website, and/or the Services. Upon such termination, you will not be entitled to any refund for any unused portion of the Services. Further, you agree that the Company will not be liable to you or any third party for any termination of your access to the Services, and you hereby waive any and all claims relating to the same. 


  1. General.

These Terms of Service constitute the entire agreement between you and the Company and govern your use of the Website and the Services, superseding any prior agreements between you and the Company with respect to the Website or the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third party content, or third-party software.  These Terms of Service will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and the Company agree to irrevocably and unconditionally submit to the personal and exclusive jurisdiction of the state and federal courts located within Saratoga County, New York. The failure of the Company to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, any Service, or these Terms of Service must be filed within one (1) year after such claim or cause of action arose, without regard for toll or suspension, or be forever barred.  A printed version of the Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to the Website, the Services, or the Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of the Company, but the Company may assign or transfer these Terms of Service, in whole or in part, without restriction.  The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail.  Under no circumstances shall the Company be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.  The Website and/or the Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Website and/or the Services. The failure of the Company to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.  Any waiver of these Terms of Service by the Company must be in writing and signed by an authorized representative of the Company.


Last Modified: April 1, 2025