This is the NEWBEAUTY Terms & Conditions of Use (the “Terms”). It describes for you the terms, conditions, and rules applicable to your use of and access to the NEWBEAUTY website located at https://www.newbeauty.com/or any other website or any related smartphone or mobile application that displays a link to these Terms (the “Site”). Please note that NEWBEAUTY is a brand of MJH Life Sciences.

PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS SITE OR ANY OTHER WEBSITE OR RELATED SMARTPHONE OR MOBILE APPLICATION THAT DISPLAYS A LINK TO THESE TERMS (COLLECTIVELY, THE “SERVICES”). THE TERMS GOVERN YOUR USE OF THE SITE AND ARE BINDING BETWEEN YOU AND MJH HEALTHCARE HOLDINGS, LLC AND ITS AFFILIATED COMPANIES (“MJH”).

Throughout these Terms, MJH and its affiliates are sometimes referred to simply as “we”, “our”, or “us”.

Your use of the Site constitutes your full legal acceptance of the Terms. By clicking “Accept” on the Site’s cookie banner, you acknowledge and explicitly consent to MJH’s collection and processing of personal information as detailed in our Privacy Policy and Cookie Policy, including the use of cookies, pixels, and other tracking technologies. By using the Site, you also agree to our Privacy Policy. IF YOU DO NOT AGREE TO THE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SITE. You agree that MJH may change these Terms from time to time, without advance notice. You will always be able to view the most current version by clicking on the link at the bottom of the Site. Use of the Site after such posting of any modifications or additions shall constitute your acceptance of the new Terms. Please review the Terms periodically for any changes or modifications.

When you visit the Site or send e-mails to MJH, you may be communicating with MJH electronically. You consent to receive communications from MJH. MJH may communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that MJH provides to you electronically satisfy any legal requirement that such communications be in writing.

You explicitly consent to MJH’s recording, monitoring, or tracking of your interactions with the Site to improve user experience, security, and analytics. Details about the specific technologies used and your rights to opt-out are outlined in our Privacy Policy.

If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. MJH reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

You acknowledge and agree that the Site, information, content, and software presented to you through the Site or used in connection with the Site contain proprietary and confidential information that is protected under U.S. and international intellectual property laws, including copyright, trademarks, website marks, patents or other proprietary rights and laws. Except as expressly authorized by us or our advertisers, you agree not to sell, rewrite, modify, redistribute, create derivative works, or rent the Site of any information presented to you through the Site, in whole or in part. You may look at our Site online, download individual articles to your personal or handheld computer for later reading, and even print a copy of an article for yourself. You may not remove any copyright notices, trademark, service mark or other proprietary rights notices from our materials. We reserve all of our other rights not granted in these Terms. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.

The Site contains or references trademarks, copyrights, patents, logos or other proprietary rights of MJH (“Intellectual Property”). The Information and Intellectual Property on the Site are the exclusive property of MJH. Removing or altering any copyright or other legal notice included with Information on the Site is prohibited. MJH also owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination and arrangements of the Site’s content. Except as otherwise expressly stated herein, you are not granted any license to use, or right in, any Intellectual Property on the Site. Non-compliance relating to displaying, downloading and reproduction of the Information, and the use of the Intellectual Property displayed or otherwise made available on the Site, constitutes a material breach of the Terms and immediate forfeiture of the above limited authorization.

Images of people or places displayed on the Site are either the property of, or used with permission by, MJH. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by the Terms or by specific permission provided elsewhere on the Site or in a separate writing signed by an authorized officer of MJH. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and potentially other statutes and regulations. Descriptions of, or references to, products, services, or publications within the Site does not imply endorsement of that product, service, or publication. MJH makes no warranty of any kind with respect to the subject matter included herein, the products listed herein, or the completeness or accuracy of the information. The Site could include technical inaccuracies or typographical errors.

The Site may also contain or reference the intellectual property of third parties. No license or permission is granted herein with respect to any of this information.

MJH makes commercially reasonable efforts to ensure that all information contained on the Site is accurate and up to date. Nevertheless, you must evaluate the information and content of the Sites. Your use and browsing of the Site is exclusively at your own risk and the Site is provided to you AS-IS WITHOUT WARRANTY OF ANY KIND. MJH MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THE SITE AND THE MATERIALS CONTAINED HEREIN. MJH EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MJH DOES NOT WARRANT THAT (A) THE SITE WILL BE ERROR-FREE, UNINTERRUPTED OR SECURE, (B) DEFECTS WILL BE CORRECTED, (C) YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS, OR (D) ANY CONTENT OR INFORMATION ON THE SITE IS CORRECT, RELIABLE, CURRENT OR COMPLETE.

MJH ALSO EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS YOU ACCESS OR BROWSE THE SITE OR DOWNLOAD MATERIAL FROM THE SITE.

UNDER NO CIRCUMSTANCES SHALL MJH, ITS SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) RESULTING FROM ITS PERFORMANCE OR ANY FAILURE TO PERFORM UNDER THE TERMS EVEN IF MJH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

For any and all materials or content that you post or otherwise provide to MJH in connection with the Site, you grant MJH an irrevocable, perpetual, royalty-free worldwide license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and otherwise exploit such materials in any and all media or distribution formats, methods, and channels (now known or later developed). You acknowledge and agree that MJH may sublicense these rights.

You acknowledge and consent to MJH’s practices concerning the collection, storage, and use of personal and electronic interaction data. Details regarding the specific data collected, third-party sharing, and your opt-out rights are clearly outlined in the Privacy Policy and the Cookie Policy, which are incorporated herein by reference. Note that any third party websites linked to the Site have their own privacy policies, which may or may not differ from our policy. You are responsible for reviewing the privacy policies of these Web sites to determine if these privacy policies are acceptable to you. MJH reserves the right to change its Privacy Policy without prior notice. You are responsible for periodically reviewing our Privacy Policy. Your continued use of the Site will be deemed an acceptance of the Privacy Policy then in effect.

The Site may contain links to other websites or frame information from other websites that are not under the control of MJH. MJH is providing these links and/or frames to you only as a convenience. MJH MAKES NO ENDORSEMENTS, WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER REGARDING THOSE WEB SITES, INCLUDING THE PRODUCTS, SOFTWARE, MATERIALS, SERVICES, CONTENT OR ACCURACY OR APPROPRIATENESS OF CONTENT ON SUCH LINKED WEBSITES. YOUR DECISION TO ACCESS ANY SUCH OTHER WEBSITES SHALL BE ENTIRELY AT YOUR OWN RISK AND DISCRETION. IN PARTICULAR, PLEASE NOTE THAT THE POLICIES OF OTHER WEBSITES LINKED TO THE SITE MAY BE MATERIALLY DIFFERENT THAN THE TERMS, ESPECIALLY WITH RESPECT TO THE USE AND COLLECTION OF PERSONAL INFORMATION AND WITH RESPECT TO THE USE OF PROPRIETARY INFORMATION POSTED ON THAT WEBSITE. No permission is hereby granted to you to link from any other website to any portion of the Site, or to frame any content contained on the Site without MJH’s prior written permission.

You must be at least 18 years of age to access or use the Site. By using the Site, you are affirming that you are 18 years of age and are fully able and competent to enter into, abide by and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms. You acknowledge and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Site. You represent and warrant that: (a) you either are the sole and exclusive owner of any and all materials that you make available through the Site, or you have all rights, licenses, consents and releases that are necessary to grant to MJH the rights in such materials; and (b) you are not infringing, misappropriating or violating a third party’s intellectual property rights; and/or (c) you will not use the Site in violation of any applicable law or regulation.

The Services we provide may include communication features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other individuals (collectively, “post”) information, images, links and other content or materials (collectively, “User Content”) on or through the Services. Except to the extent otherwise agreed-upon or acknowledged in writing by us, you represent and warrant that: (a) all of your User Content complies with these Terms; (b) you own or have all necessary rights to the User Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms; (c) you will pay for all royalties, fees, and any other monies owed by reason of User Content you post on or through the Services; (d) you understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not us, have full responsibility for such materials, including its legality, reliability, accuracy, and appropriateness; and (e) we are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Services. You also warrant that any “moral rights” in posted User Content have been waived. We are not a backup service and you agree that you will not rely on the Services for the purposes of storing User Content. We will not be liable to you or third-party beneficiaries for any modification, suspension, or discontinuation of the Services, or the loss of any User Content. Notwithstanding this provision, we will not seek to enforce these Terms or penalize a User with respect to any statement about us or our products and services to the extent it is protected by law.

You hereby grant us a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties the User Content that you post through the Services or otherwise provide to us for purposes of the Services and subject to our Privacy Policy. Subject to our Privacy Policy and these Terms, any User Content you post or otherwise provide to us will be treated as non-confidential and non-proprietary. Our Services may be subject to a compromise of security and we do not guarantee that any User Content or other information you provide will be kept confidential in such circumstances.

We may train and use AI tools with user information and User Content for certain business purposes, such as to analyze customers’ experiences and activities with us, to improve the efficiency, quality, and speed of our business operations, to support communications with customers (such as a chatbot), to generate business content, and to provide more personalized experiences and targeted marketing, but we don’t use AI tools in any manner that could be expected to negatively impact customers in a material or unlawful manner.

The Services may be supported by advertising revenue and may display advertisements and promotions, and you agree that we may place such advertising and promotions through the Services or on, about, or in conjunction with User Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice. You acknowledge that we may not always identify promoted services or content, or commercial communications as such.

You acknowledge that we are not responsible for User Content posted by our users. We do not pre-screen, monitor, review or edit the User Content, although we have the right (but not the obligation) at our sole discretion to refuse or remove any submissions, in whole or part, that, in our sole judgment, does not comply with these Terms or is otherwise undesirable, inappropriate or inaccurate. We are not responsible for any failure, non-failure or delay in removing such User Content. You agree to immediately notify us of any unauthorized use of the User Content, or any other breach of security known or suspected by you. Please exercise common sense and your best judgment when interacting with others, including when you post User Content or any personal or other information.

If you choose to send us feedback, ideas, suggestions, or other such information (collectively, “Feedback”), you agree to waive all rights in such Feedback and that we are free to use it for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you, and without any commitment to confidentiality unless we expressly provide otherwise.

You may link to the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. The Services may provide certain social media features that enable you to: link from your own or certain third-party websites to certain content on our Services; send communications with certain content, or links to certain content, using the Services; or cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, and must not otherwise: establish a link from any website that is not owned by you; cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site (for example, scraping, framing, deep linking, or in-line linking); or take any action with respect to the Services that is inconsistent with these Terms. We may disable any social media features and any links at any time without notice in our sole discretion.

In addition to the other restrictions, requirements and disclaimers set forth in these Terms, to the extent we provide users with a referral source for medical and/or other professionals of any kind, then if you choose to use such referral tools (including without limitation, interacting with, using or seeking assistance from, any of the professionals referred to you), then to the extent available, you hereby agree and acknowledge as follows:

• We disclaim all representations and warranties of any kind with respect to any professional that is or may be featured within the content of the Services;
• The professional referral materials contained within the content of the Services are not intended to constitute, replace or otherwise be a substitute for professional advice;
• We do not guarantee the accuracy, quality or availability of the referrals;
• Your reliance on any content of the Services and/or referral(s) originated within such content is at your own risk; and
• For specific medical-related questions, please see a licensed health care professional of your choosing.

In providing users with a forum to identify and locate professionals, we cannot and do not involve ourself in the agreements between users and professionals (including their representatives) that may be featured in the content of the Services. In addition, we do not screen any professionals and the fact that any professional appears in the Content does not imply an endorsement of them. Accordingly, we cannot ensure the success or level of care that may be provided by any such professional. You, not us, are solely responsible for assessing the integrity, honesty and trustworthiness of all professionals with whom you may communicate. In addition, a medical provider’s participation with specific health care plans change frequently, and we always recommend that you check with the provider directly regarding their insurance affiliations.

We may offer the ability to participate in a text message program, such as for updates on orders and for marketing promotions. By opting in to a text message program and/or responding “Y” or “Yes” to an enrollment text message, you confirm that you want to be enrolled in texts and are legally able to enter into these Terms with respect to the provided phone number. You do not need to consent to receive texts as a condition of using our Services. Message and data rates may apply. Text “STOP” at any time to stop receiving text messages; text “HELP” for help.

Text message frequency may vary based on the Services. We and participating carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For any questions about our text program, you can reach us via the contact information provided below.

If we provide you with an ability to make purchases through the Services the following terms apply: (1) We make reasonable efforts to accurately display the relevant features and details of the available products and services, but do not guarantee that such attributes as presented will be accurate, complete, reliable, current, or free of errors. All products and services are subject to availability, and we cannot guarantee that items will be available. We reserve the right to discontinue any products or services at any time for any reason. Prices for all products and services are subject to change at any time. (2) You agree to provide current, complete, and accurate payment information for all purchases made through the Services, so that we can complete your transactions and contact you as needed. All purchases made from us are for consumer use only. No products purchased with us are intended for resale without our express authorization. We may store a tokenized copy of your payment information for future transactions if you permit. If your selected payment method cannot be charged for any reason (e.g., expired), you authorize us to use any credit or other payment method stored in your account. Sales tax and shipping fees may be added to the purchase price as deemed required by us. All payments must be in U.S. dollars unless otherwise specified. (3) You agree to pay all charges at the prices then in effect for your purchases and any applicable sales tax and shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. (4) We reserve the right to accept or reject any order/purchase. ALL PURCHASES THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE.

You will have the opportunity to review and confirm your order, including delivery address (if applicable), payment method and product details. We will send to you a notice when we accept your order and our acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time we send the notice. At such time, the contract for sale will be made and become binding on both you and us. The risk of loss in any goods you purchase and the responsibility to insure them passes to you when the relevant goods are delivered.

We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after we have processed your payment but prior to delivery, we will refund your payment.

We are committed to customer satisfaction. Should any non-conforming and/or damaged products be received by you in connection with our Services, some products may be returnable based upon our return guidelines, while others cannot for legal and/or logistics reasons. In the case of the latter category of products, we may replace products damaged from shipping or otherwise in our discretion. Unless we agree otherwise in writing, all products purchased will be sold FOB third party carrier.

Note that this provision does not relate to products we may link to for sale on third party websites; such products are solely subject to the terms of such websites.

The following terms apply to our digital subscription products:

• Any subscription lasts for a period of one year from the date of purchase; costs vary but are described at the time of purchase. App subscriptions generally allow for access to all published content in the relevant app.
• Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current subscription period. You can manage your subscriptions and turn off auto-renewal by going to your Account Settings after purchase. You will be charged for renewal within twenty-four (24) hours prior to the end of the current period, for the same duration and at the current subscription rate for that product.
• No cancellation of the current subscription is allowed during active subscription period. This does not affect your statutory rights.
• Any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription.
• Apps may offer a free or discounted trial period. At the end of the trial period, the full price of the subscription will be charged. Cancellations must occur twenty-four (24) hours before the end of the subscription period to avoid being charged. Please visit http://support.apple.com/kb/ht4098 for more information.
• Payments in the Apple App Store will be charged to your iTunes Account at confirmation of purchase.

Single issue purchases may also be available.

If you access our apps from a third party app store platform (e.g., Apple, Google) (“App Store”), your access and use of the apps will also be subject to that App Store’s terms (“App Store Terms”). For informational purposes, note that the App Store Terms generally provide that you agree or acknowledge as follows:

• These Terms are between you and us only, and not with the App Store, and the App Store is not responsible for our Apps and materials. You acknowledge that the App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps. To the maximum extent permitted by applicable law, the App Store has no warranty obligations whatsoever with respect to the apps.
• Your license to use the apps is limited to a non-transferable license to use the apps on any devices supported by that App Store that you own or control, and as permitted by the usage rules set forth in the App Store Terms, except that the apps may at times be accessed and used by other accounts associated with you (e.g., via family sharing programs).
• The App Store is not responsible for addressing any claims by you or any third party relating to the apps or your possession and/or use of the apps, including, but not limited to: (i) product liability claims; (ii) any claim that the apps fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
• In the event of any third party claim that the apps or your possession and use of apps infringe that third party’s intellectual property rights, we, not the App Store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, subject to our Terms.
• Under some App Store Terms, you must represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• The App Store provider with its legal affiliates are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, the App Store will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

Please review your App Store Terms for additional relevant terms and conditions that may apply. We do not control your applicable App Store Terms, including their privacy policy and practices.

The Site (excluding any linked Web site) is controlled by MJH from its offices within the State of New Jersey, United States. By accessing the Site, you agree that all matters arising from or relating to the use of the Site, any related smartphone or mobile app, these Terms, the Privacy Policy, the Cookie Policy or any other linked website, shall be governed by the laws (both substantive and procedural) of the State of New Jersey and the laws of the United States of America, without regard to the conflicts of laws principles. You also agree, and by using the Site hereby submit, to the exclusive personal authority and venue of the courts of the State of New Jersey relating to any dispute arising out of your use of the Site.

You agree and acknowledge that your use of the Site, and all transactions occurring in connection with the Site, shall be deemed to have occurred and taken place solely in the State of New Jersey, United States of America. Your use of the Site is void where prohibited by laws in jurisdictions to which you are otherwise subject, and you agree that you shall not visit or use the Site in any such circumstances. Those who choose to access these sites from other locations do so on their own initiative and are responsible for compliance with local laws.

If you have any concern or dispute regarding the Site, these Terms, or the Privacy Policy (“Claim”), you agree to first try to resolve the dispute informally and in good faith by contacting us and providing a written Notice of Claim to the address provided here (Contacting MJH). The Notice of Claim must provide MJH with fair notice of your identity, a description of the nature and basis of your Claim, and the relief you are seeking, including the specific amount of any monetary relief you are seeking, and cannot be combined with a Notice of Claim for other individuals. If any dispute related to your Claim is not resolved within 45 days of MJH’s receipt of the Notice of Claim, any resulting legal actions must be resolved through final and binding arbitration administered by a single neutral arbitrator located in New Jersey to be agreed between the parties (such as a retired state court or federal judge) and conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures. Neither party shall initiate legal action until 45 days after the Notice of Claim is received by MJH. The arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of the Terms or formation of the Terms, including whether any dispute between us is subject to arbitration (i.e., the arbitrator will decide the arbitrability of any dispute) and whether all or any part of these Terms are void or voidable. The arbitration will be conducted in the English language, but any witness whose native language is not English may give testimony in the witness’s native language, with simultaneous translation into English (at the expense of the party presenting the witness). Judgment upon the award rendered may be entered and will be enforceable in any court of competent jurisdiction having jurisdiction over you and us. However, if a temporary restraining order or other injunctive relief is the only appropriate and adequate remedy for a breach of these Terms, such action may proceed without first resorting to arbitration. Any such claims arising from or relating to the use of the Site, these Terms or the Privacy Policy will be heard and resolved in the federal and state courts located in New Jersey. In the event of a conflict between the rules of the arbitration provider and the Terms, including with respect to the assessment of the fees and costs of arbitration, the Terms will govern.

You agree that regardless of any statute or law to the contrary, any Claim arising out of or related to use of the Site, any related smartphone or mobile app, the Terms, the Privacy Policy, or the Cookie Policy is permanently barred if not brought within one year of the event resulting in the Claim.

You may only resolve disputes with us on an individual basis, and you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Nonetheless, if any portion of this class action waiver is deemed unenforceable or invalid as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.

You agree that you will not, nor will you permit any third party to do any of the following while accessing or using the Site: (a) use the Site for any purposes not expressly provided for in these Terms; (b) scan, probe, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (c) interfere with, disrupt, or damage the Site or access of any user, host, or network, including without limitation, sending a virus; cancel bots; Trojan horses; overloading, flooding, spamming, mail-bombing the Site, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Site; or similar methods or technology; (d) use our communication tools to send spam; and (e) engage in conduct that is illegal in any way.

UNDER NO CIRCUMSTANCES SHALL MJH BE LIABLE FOR ANY DAMAGES, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR USE OF THE SITES, IN WHOLE OR IN PART, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING WITHOUT LIMITATION A NEGLIGENT ACT, SHALL MJH BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE SITES, REGARDLESS OF WHETHER ANY MJH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR DAMAGES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THESE TERMS.

You agree to indemnify, defend, and hold MJH, its subsidiaries, its affiliates, or their respective officers, directors, employees, suppliers, licensors and agents (and its and their successors, officers, directors and employees) harmless from and against any and all claims, demands, costs, liabilities, judgments, losses, expenses and damages (including attorneys’ fees) arising out of or relating to (a) your use of the Site; or (b) a violation of these Terms.

By using any of the Sites, you acknowledge and agree that you release, remise, and forever discharge MJH, its subsidiaries, its affiliates, and their respective officers, directors, employees, suppliers, licensors and agents (and its and their successors, officers, directors and employees) from any and all claims, complainants, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown that arise out of or are in any way related to your use of this Site. If you are a California resident, you waive California Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

MJH respects the intellectual property rights of others and expects users of this Site to do so as well. In accordance with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. Section 512), MJH has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users, members, subscribers, or account holders who are deemed to be repeat infringers. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide MJH’s copyright agent the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement that you have a good-faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and (vi) a statement made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. MJH reserves the right to remove any content posted to the Site at our sole discretion. Please contact our copyright agent to provide us notice of alleged copyright infringement at [email protected].

If MJH, in its sole discretion, determines that a violation of the Terms has occurred, MJH may pursue any of its legal remedies. However, the failure of MJH to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. In the event that any provision of the Terms is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. The section titles in the Terms are for convenience only and have no legal or contractual effect. These Terms are personal to you, and you may not assign these Terms, or your rights or obligations hereunder, to any third party, without our consent. Any attempted assignment without such consent is void. Any provision of these Terms (including all other incorporated terms) that is intended by its terms to survive termination will survive. Except as otherwise expressly provided herein, these Terms set forth the entire agreement between you and MJH regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral as it relates to the Site.

Contacting MJH
If you have any suggestions, comments, and/or questions about the Site and/or these Terms, please contact MJH at [email protected] or mailing us at MJH Healthcare Holdings, LLC – 2 Commerce Drive, Cranbury, NJ 08512